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Report No. 58

Summary of Recommendations and Conclusions

1. Article 134(1)(c) of the Constitution should be amended,1 so as to restrict criminal appeals to the Supreme Court by certificate to cases where the certificate by the High Court is to the effect that the case involves a substantial question of law of general importance which needs to be decided by the Supreme Court.

2. No amendment is recommended in respect of appeals to the Supreme Court by special leave under Article 136 of the Constitution.2

3. No change is recommended as regards the procedure in respect of writ petitions before the Supreme Court in respect of the trial of disputed questions of fact or the issue of ad-interim orders in such petitions.3

4. The Minister of Law and Justice may request the Chief Justice of India to suggest to the High Court that framing of suitable rules in respect of petitions under Article 226 of the Constitution, as regards the issue of ad-interim orders4 in such petitions.

5. No amendments are recommended as regards the trial of disputed questions of fact5 in writ petitions before the High Court.

6. In regard to taxation matters, in place of reference to the High Court by the Income Tax Appellate Tribunal, an appeal on a substantial question of law should be substituted. From the decisions of the High Court on such appeal, an appeal should lie to the Supreme Court only where the High Court certifies that the case involves a substantial question of law of general importance which needs to be decided by the Supreme Court.6

7. A general recommendation is made with reference to industrial relations, as follows:-

The Minister of Law and Justice should suggest to the Union Minister of Labour to take such action as he may deem fit and necessary, in consultation with the State Governments, National Trade Unions, and bodies of employers, to create a machinery which would encourage and strengthen collective bargaining, will remove political pulls and pressures in the functioning of trade unions, and will persuade both the trade unions, and the bodies of employers, not to lean on adjudication. Collective bargaining should find a pride of place in the settlement of collective disputes; failing that, conciliation or arbitration should step in, and adjudication should come in, if at all, only last. That objective, it is hoped, will be borne in mind when the Union Labour Minister formulates his proposals for a comprehensive Bill to regulate industrial relations.

It is high time that the machinery for the settlement of industrial disputes was so devised that the dockets of the High Courts and the Supreme Court are not burdened with too many industrial matters.

8. Creation of special Service Courts for the trial of service7 matters is not favoured.

9. Creation of Zonal Courts of appeal is not favoured.8

10. Conditions of service of High Court Judges and Supreme Court Judges should be improved.9 In this connection, detailed recommendations are made as follows:

1. Chapter 3.

2. Chapter 3.

3. Chapter 4.

4. Chapter 5.

5. Chapter 5.

6. Chapter 6.

7. Chapter 8.

8. Chapter 9.

9. Chapter 10.

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