Labour Court ministerial staff are "Subordinate Courts" under High Court control per Article 235.

The Petitioner, Registrar of the Labour Court, Guwahati, challenged a Notification dated 11.03.2026 that transferred her to Dibrugarh and moved Respondent No. 5 to Guwahati.

Respondent No. 5 had initially obtained a transfer to Guwahati on personal grounds on 20.06.2025.

That transfer was set aside by a Coordinate Bench on 02.12.2025 in WP(C) No. 3585/2025, which found the transfer was not in public interest but based on individual request.

A Division Bench on 18.12.2025 directed the State to pass consequential orders notwithstanding a pending appeal.

The impugned Notification dated 11.03.2026 effectively reinstated the previously quashed transfer arrangement.

1. Whether the impugned Notification dated 11.03.2026 was in compliance with the judicial directions passed by the Coordinate Bench and the Division Bench.

2. Whether the Labour Welfare Department has the jurisdiction to issue transfer notifications for Registrars of Labour Courts and Industrial Tribunals in light of Article 235 of the Constitution.

Article 235 of the Constitution of India, which vests the "control" over subordinate courts—including the posting and promotion of judicial officers and ministerial staff—exclusively in the High Court.

The precedent Dilip Kumar Devasarma v. State of Assam & Ors. (2026: GAU-AS:7158), which established that Registrars of Industrial Tribunals and Labour Courts are non-judicial officers of the Subordinate Courts and thus fall under the administrative control of the Gauhati High Court.

The principle of "malice in law," where an act done in contravention of law or without sufficient reason is invalid regardless of specific allegations of bad faith.

The Court found the impugned Notification to be a flagrant violation of previous judicial orders because despite claiming compliance with orders dated 02.12.2025 and 18.12.2025, the Principal Secretary simply reiterated the transfer that the Court had already found lacked public interest.

The Court characterized this act as a transgression of judicial directions.

Since Labour Courts and Industrial Tribunals are "Subordinate Courts," Article 235 mandates that all administrative control, including transfers of staff like the Registrar, must be exercised by the High Court.

The Labour Welfare Department acted without authority of law in bypassing the High Court’s administrative jurisdiction.

The Petitioner (Smt. Polly Koch) is deemed posted as Registrar, Labour Court Guwahati, and Respondent No. 5 as Registrar, Industrial Tribunal, Dibrugarh.

The Labour Department's exercise of transfer power over these posts is without jurisdiction and contrary to the mandate of Article 235 of the Constitution.

No costs were ordered.