Rule 21. Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Judicial Member of the Industrial Tribunal under sub-section (5) of Section 44

(1.) The qualification for appointment of the Judicial Member of the Industrial Tribunal (hereinafter in this chapter referred to as the judicial Member) shall be such as provided in sub- section (4) and sub-section (5) of section 44. (2.) The Judicial member shall be appointed by the State Government on the recommendation of the Gujarat High Court who shall function as Search Cum Selection Committee (SCSC) specified in sub-rule (3). (3.) The Search Cum Selection Committee shall comprise of the following members, namely: -(i.) Chief Justice of Gujarat High Court or a Judge of High Court nominated by him -Chairperson; (ii.) Sitting President and Judicial Member of the Industrial Tribunal – Member; (iii.) Additional Chief Secretary / Principal Secretary / Secretary to the Government of Gujarat, Labour and Employment Department – Member; and (iv.) Additional Chief Secretary / Principal Secretary / Secretary to the Government of Gujarat, Industries and Mines Department – Member, (v.) Additional Chief Secretary / Principal Secretary / Secretary to the Government of Gujarat, Legal Department – Member.

(4.) The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its recommendation and, after taking into account qualification, suitability, record of past performance, integrity as well as adjudicatory experience keeping in view of the requirement of the Industrial Tribunal recommend a panel of two or three persons as it deems fit for appointment to each post. (5.) No appointment of a Judicial Member shall be declared invalid merely by reason of a vacancy or absence of any member in the Search-cum-Selection Committee. (6.) A Judicial Member shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier. (7.) In case of casual vacancy in the office of Judicial Member, the State Government shall appoint the Judicial Member of the other Industrial Tribunal to officiate as Judicial Member. (8.) (a) A Judicial Member shall be paid a salary of rupees 2,25,000/- (fixed) per month and shall be entitled to draw allowances as are admissible to an officer of the Government of Gujarat holding Class I post carrying the same pay.

(b) In case of appointment of retired High Court Judge, his pay shall be reduced by the gross amount of pension drawn by him. (9.) (a) In case of serving High Court Judges, the service rendered in the Industrial Tribunal shall be counted for pension to be drawn in accordance with the extant rules of the service to which they belong and they shall be governed by the provisions of General Provident Fund (State Service) Rules, 1960 and the rules for pension applicable to them.

(b) In case of retired High Court Judges, they shall be entitled to join Contributory Provident Fund Scheme as per rules during the period of their re-employment and additional gratuity shall not be paid for the service rendered in the Industrial Tribunal. (10.) A Judicial Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the Government of Gujarat holding Class I post carrying the same pay. (11.) (a) In case of serving High Court Judges, leave shall be admissible as admissible to the serving High Court Judges.

(b) In case of retired High Court Judges, leave shall be admissible as are admissible to an officer of the Government of Gujarat holding Class I post carrying the same pay. (12.) (a) The State Government shall be the leave sanctioning authority for the Judicial Member.

(b) The State Government shall be the sanctioning authority for foreign travel to the Judicial Member. (13.) State Government Health Scheme facilities as admissible to an officer of the Government of Gujarat holding Class I post carrying the same pay shall be applicable. (14.) (a) Travelling allowance to a Judicial member shall be admissible as per entitlement of an officer of the Government of Gujarat holding Class I post carrying the same pay.

(b) In case of retired High Court Judges, transfer travelling allowance for joining the Industrial Tribunal from home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an officer of the Government of Gujarat holding Class I post carrying the same pay. (15.) A Judicial Member shall be entitled for leave travel concession as admissible to an officer of the Government of Gujarat holding Class I post carrying the same pay. (16.) A Judicial Member shall be entitled for transport allowance as admissible to an officer of the Government of Gujarat holding Class I post carrying the same pay. (17.) No person shall be appointed as Judicial Member unless he is declared medically fit by an authority specified by the State Government in this behalf. (18.) (a) If a written and verifiable complaint is received by the State Government, alleging any definite charge of misbehaviour or incapacity to perform the functions as Judicial Member, it shall make a preliminary scrutiny of such complaint.

(b) If on preliminary scrutiny, the State Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehaviour or incapacity of a Judicial Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry.

(c) The Search-Cum-Selection Committee shall complete the inquiry within six months’ time or such further time as may be specified by the State Government.

(d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the State Government stating therein its findings and the reasons thereof on each of the charges separately with such observations on the whole case as it may think fit.

(e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry. (19.) A Judicial Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the State Government:

Provided that the Judicial Member shall, unless he is permitted by the State Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier. (20.) The State Government shall, on the recommendation of Search-Cum-Selection Committee, remove from office any Judicial Member, who, -

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offence which, involves moral turpitude; or

(c) has become physically or mentally incapable of acting as such a Judicial Member; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Judicial Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest:

Provided that where a Judicial Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges. (21.) Every person appointed as Judicial Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in the Form-IV(A) annexed to these rules. (22.) Matter relating to the terms and conditions of services of the Judicial Member with respect to which no express provisions has been made in these rules, shall be referred by the Industrial Tribunal to the State Government for its decision, and the decision of the State Government thereon shall be binding. (23.) The State Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing