Divisional Manager, Aravali Golf Club and Ors. vs. Chander Hass and Ors.

Facts

The respondents- Chander Hass and Ors. were appointed as Mali (gardener) in the service of the appellant- a golf club run by the Haryana Tourism Corporation on daily wages. Subsequently, they were told to perform the duties of Tractor Drivers and continued to be paid wages for the post of Mali for many years.

Later on a recommendation made by the Head Office, the appellants started paying the wages of tractor drivers on a daily wage basis, as per rates recommended by the Deputy Commissioner and their services were regularized for the post of Mali and not as tractor drivers. The respondents filed a civil suit for regularization to the posts of tractor driver, but the claim was rejected by the Trial Court. The respondents herein preferred an appeal before the Additional District Judge, Faridabad, which set aside the judgment and decree of the Trial Court and directed the defendants to get the post of tractor driver sanctioned and to regularize the plaintiffs on that post.

The Divisional Manager, Aravali Golf Club filed a second appeal before the Single Judge of the High Court, which held that the post of tractor driver should be created and no substantial question of law arose in the matter. Aggrieved against the said judgment of the learned Single Judge, the appellants filed the appeal.

Key Takeaways for Students

Legal Issue

Whether the Judiciary acted within the powers and functions assigned under the Constitution in directing for creation of a post?

Holding

Of the three organs of the State, the legislature, the executive, and the judiciary, only the judiciary has the power to declare the limits of jurisdiction of all the three organs. This is a great power and hence must never be abused or misused, but should be exercised by the judiciary with the utmost humility and self-restraint.

The constitutional trade - off for independence is that judges must restrain themselves from the areas reserved to the other separate branches. Thus, judicial restraint complements the twin, overarching values of the independence of the judiciary and the separation of powers.

If the judiciary does not exercise restraint and over-stretches its limits there is bound to be a reaction from politicians and others. The judiciary should, therefore, confine itself to its proper sphere. Both the High Court and First Appellate Court acted beyond their jurisdiction in directing the creation of posts of tractor drivers to accommodate the respondents.

Final Decision Appeal Allowed

Ratio

The judiciary must exercise the powers within limits conferred by the Constitution.