ivil Appeal No 528 of 1963
Appeal from the judgment and order dated March 28 1962 of the Rajasthan High Court in DB Civil Writ Petition No 164 of 1961
GS Pathak K Jinder B Dutta d
B Dadachanji OC Mathur and Ravinder Narain for the appellant
GS Kasliwal Advocate General for the State of Rajasthan SK Kapur and BRGK Achar for the respondents
October 3 1963
The Judgment of the Court vas delivered by SHAH J
By order of the President of India HH the Maharana Sahib Shri Bhagwat Singh Bahadur hereinafter called the appellant  was recognised 3 as the Ruler of Udaipur with effect from July 4 1955 in succession to his father the late Maharana Bhupal Singh
A dispute arose between the appellant and his employees in the Motor Garage Department about the conditions of employment and representations were made by the latter to the Government of Rajasthan through the Motor Workers Mazdoor Union Udaipur
The Government of the State of Rajasthan on December 18 1957 referred under section 10 of the 14 of 1947 the following dispute to the Industrial Tribunal Rajasthan Whether the Maharana Sahib Bahadur of Udaipur is liable to pay to the staff working with him in the Palace Power House and Motor Garage consequent to their retrenchment the arrears of claims or the due salary leave wages overtime wages and weekly holidays as per schedule appended here to and if so to what extent
If not
to what relief the staff is entitled to under the provisions of the  as the question of payment of the claims has arisen with the termination of their services due to retrenchment effected by the employers
 Two preliminary objections were raised before the Industrial Tribunal by the appellant against the maintainability of the reference 1 That the reference to the Industrial Tribunal for adjudication of the dispute was not maintainable without the previous sanction of the Central Government to the making of the reference
2 That on the date when the reference was made no Industrial Tribunal was constituted under section 7A of the  as amended by Act 36 of 1956 and on reconstitution of the Tribunal the reference became incompetent
The Tribunal rejected both the objections and a writ petition filed by the appellant challenging the 4 validity of the order of the Tribunal was dismissed by the High Court of Rajasthan
The appellant has appealed to this Court with certificate granted by the High Court of Rajasthan
The appellant contends in the first instance that without the sanction of the Union Government under section 87B of the Code of Civil Procedure the reference to the Industrial Tribunal was incompetent
But the dispute between the parties relates to the claim made by the employees for retrenchment and other compensation and leave facilities the dispute is raised before the Industrial Tribunal in a reference under the  and not before a civil court in a suit
The appellant is therefore not sued in a court
Section 86 Code of Civil Procedure on which reliance is placed by the first sub section provides that No Ruler of a foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified 111 writing by a Secretary to that Government  and by section 87B the provisions of section 86 apply in relation to the Ruler of any former Indian State as they apply in relation to the Ruler of a foreign State
The appellant is recognised under article 36622 of the Constitution as a Ruler of an Indian State but section 86 in terms protects a Ruler from being sued and not against the institution of any other proceeding which is not in the nature of a suit
A proceeding which does not commence with a plaint or petition in the nature of a plaint or where the claim is not in respect of a dispute ordinarily triable in a civil court would prima facie not be regarded as falling within section 86 Code of Civil Procedure
The proceeding for adjudication under the is rounded in a reference made by the local Government under section 10 and the allied sections under the and is not commenced by a plaint or petition
An Industrial Tribunal is again not a court within the meaning of section 86 it is a Tribunal consti 5 tuted for adjudicating industrial disputes
Section 86 of the Code excludes the jurisdiction of the civil courts and must be strictly construed
It does not debar the commencement of proceedings for adjudication of an industrial dispute for two reasons neither party to the proceeding is sued by the initiation of the proceeding and the Tribunal is not a court
It was urged however that by article 362 of the Constitution the personal rights privileges and dignities of the Ruler of an Indian State guaranteed or assured under any agreement or covenant made prior to the Constitution are preserved and a fetter is placed upon the exercise of power legislative and executive of the Union and the States against infringement of the guarantee or assurance given under the covenant or agreements entered into by a Ruler of an Indian State
Consequently it is submitted as a Ruler of an Indian State the appellant is entitled to the same privileges which a sovereign enjoy under rules of International Law against foreign jurisdiction and the same immunity from being proceeded against either in the ordinary or extraordinary civil or criminal tribunals and from payment of all taxes and being subjected to police or other administrative regulations
The position of the former Rulers of Indian States has since the year 1947 been fundamentally altered
Prior to 1947 the Indian princes were notwithstanding the varying degree of suzerainty exercised over them by the British Crown recognised as having a degree of sovereignty and were in an international sense regarded qua British India as foreign sovereigns and entitled to certain rights privileges and immumties
On the enactment of the Indian Independence Act the suzerainty which the British Crown had over the Indian States lapsed and with it all the treaties and agreements in force at the date of the passing of the Act between His Majesty and the Rulers of the Indian States all functions exercisable by His Majesty at that date with respect to Indian States all obligations of His Majesty exist 6 ing at that date towards Indian States or the Rulers thereof and all powers rights authority or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty grant usage sufferance or otherwise also came to an end
Like other States the State of Udaipur executed an agreement of accession and thereby in matters of defence external affairs and communications concerning the State the Government of India assumed sole responsibility
This accession was followed by a process of integration of the Indian States in Rajasthan which culminated in the formation of the United State of Rajasthan
The Rulers of the Indian States in the Rajasthan area including the Ruler of Udaipur formed the United State of Rajasthan under a covenant the provisions whereof were guaranteed by the Government of India
This covenant was modified by an agreement which became effective from May 15 1949
On the enactment of the Constitution on January 26 1950 the Union of Rajasthan became one of the Part B States and by the Constitution Seventh Amendment Act 1956 the Part B  State of Rajasthan was recognised as one of the States in India
As a result of the constitutional developments leading to the promulgation of the Constitution the father of the appellant who was at one time recognised as a sovereign of an independent State acquired the status of a citizen of India
The appellant has also since the Constitution been a citizen of India and his recognition as Ruler under article 36622 of the Constitution has not altered his status but as a citizen he is undoubtedly assured a privileged position
The covenant of the United State of Rajasthan to which the appellant s father as the Ruler of Udaipur was a party consists of 20 articles
It would be fruitless for the purpose of this appeal to catalogue all the articles dealing with the rights privileges and dignities of the Ruler of Udaipur
A few only need be set out
By article XI as Ruler of a covenanting State he was entitled to receive annually from the revenues of the United State of Rajasthan for his 7 privy purse the amounts specified against his State in Sch
1 thereof
By article XII he remained entitled to the full ownership use and enjoyment of all private properties as distinct from State properties belong ing to him on his making over the administration of that State to the Raj Pramukh
By article XIII the Ruler of each covenanting State as also the members of his family were entitled to all the personal privileges dignities and titles enjoyed by them whether within or outside the territories of the State immediately before August 15 1947 and by article XIV the succession according to law and customs to the gaddi of each covenanting State and the personal rights privileges dignities and titles of the Ruler were guaranteed
By article XV guarantee was given against any action or proceeding in any court whether in a personal capacity or otherwise in respect of anything done or omitted to be done by him or under his authority during the period of his administration of that covenanting State
The covenant is in general terms and does not purport to make a comprehensive list of the personal rights privileges and dignities except those which have been specifically referred to
The agreement which came into force on May 15 1949 makes no departure from the articles of the covenant
The covenant which was entered into by the Rulers of the Indian States in Rajasthan and the agreement of May 15 1949 had the concurrence of the Government of India and the provisions thereof were guaranteed by the Government of India
In order to give constitutional recognition to the guarantees and assurances under the covenants and agreements articles 362 363 131 proviso and 291 were incorporated in the Constitution
Article 362 with which we are directly concerned provides In the exercise of the power of Parliament or of the Legislature of a State to make laws or in the exercise of the executive power of the Union or of a State due regard shall be had to the guarantee or assurance given under any such covenant or agreement as is referred to in article 8 291 with respect to the personal rights privileges and dignities of the Ruler of an Indian State The Article declares that in the exercise of legislative and executive power by the Union and the State due regard shall be had to the guarantee or assurance given under any covenant or agreement with respect to the personal rights privileges and dignities of the Ruler of an Indian State
It must be emphasized that these rights privileges and dignities which are for historical reasons recommended to be respected avail the Rulers in their status as Indian citizens and not in recognition of any sovereign authority continuing to remain vested in them
It is in that view unnecessary to enter upon a discussion as to
what immunities and privileges a foreign sovereign would be entitled to in the Republic of India
The question on which attention must be concentrated is does the reference of the industrial dispute by the Government of the State of Rajasthan which attracts the application of the  trench upon the guarantee or assurance under the covenant executed by the appellant s father with respect to the personal rights privileges and dignities of the Ruler of the State of Udaipur and if it does so trench are the courts competent to grant relief  The  as originally enacted applied to British India
But by the amendment made by the Industrial Disputes Appellate Tribunal Act 48 of 1950 section 34 and the Schedule thereto the Act was extended to the whole of India except the State of Jammu and Kashmir and since then by the enactment of the Industrial Disputes Amendment and Miscellaneous Provisions Act 36 of 1956 the Act extends to the whole of India
The  therefore applied at the material time to the territory of Rajasthan
The appellant is a citizen of India the Act extends to the territory of Rajasthan and prima facie he is governed by the provisions of the Act
The plea raised by the appellant is that by virtue of article 362 of the Constitution reference of an 9 industrial dispute under the machinery provided under the Act for settlement of industrial disputes infringes the guarantee or assurance in respect of his personal rights privileges and dignities assured to him by the covenant which formed the Union of Rajasthan
But the plea of immunity from the jurisdiction of the Industrial Tribunal in the matter of adjudication of an industrial dispute because it was a personal right or privilege was never raised in the High Court and no evidence has been led in that behalf
As observed in the White Paper on Indian States para 240 at p 125 the rights enjoyed by the Rulers varied from State to State and were exercisable both within and without the States
They covered a variety of matters ranging from the use of red plates on cars to immunity from civil and criminal jurisdiction and exemption from customs duties etc
In truth no reliance at all was placed on article 362 of the Constitution in the High Court
In the absence of evidence directed to the question whether the appellant as Ruler of the Indian State of Udaipur was entitled by virtue of the covenant or agreement relied upon by him to the privilege of not being proceeded against in the Industrial Tribunal we would not be justified in entertaining his plea
It may also be mentioned that if exemption from the jurisdiction of the Industrial Tribunal be claimed relying on the guarantee or assurance under the covenant being disputed the questions whether the courts have jurisdiction to deal with the dispute if the covenant or the agreement was one of the nature referred tO in article 363 or the dispute relates to any right accruing under or liability or obligation arising out of any provisions of the Constitution relating to such treaty agreement etc may fail to be determined
This Court in Sudhansu Shekhar Singh Deo vs State of Orissa1 observed at p 786 If despite the recommendation that due regard shall be had to the guarantee or assurance given under the covenant or agreement the Parliament or the Legislature of a State makes laws inconsis 1 1961 1 SCR779786 10 tent with the personal rights privileges and dignities of the Ruler of an Indian State the exercise of the legislative authority cannot relying upon the agreement or covenant be questioned in any court and that is so expressly provided by article 363 of the Constitution But whether the bar to the jurisdiction of a court arising out of article 363 can be effectively pleaded has it must be observed not been investigated before the High Court
It was also not raised before us it has fallen to be mentioned by us because it arises out of the plea raised for the first time before this Court in which reliance is placed on article 362 by the appellant
We therefore decline to express any opinion on the questions whether by article 362 the appellant is privileged against a reference under the and also whether the courts have jurisdiction to adjudicate upon the plea set up by the appellant
The second contention was in our judgment rightly negatived by the High Court
The was applied to the territory of Rajasthan by the Industrial Disputes Appellate Tribunal Act 48 of 1950 and an Industrial Tribunal was thereafter constituted by notification dated June 2 1953 under section 7 of that Act
The was however amended by the Industrial Disputes Amendment and Miscellaneous Provisions Act 36 of 1956 and section 7 as originally enacted was deleted and in lieu thereof sections 7 7A 7B and 7C were enacted
The power to appoint an Industrial Tribunal was under the amended act conferred upon the appropriate Government by section 7A
But it appears that no fresh notification appointing the Tribunal was issued under section 7A and the Tribunal originally constituted under section 7 functioned
To that Tribunal reference of the present dispute was made by order dated December 18 1957
The High Court of Rajasthan in Writ Petition No 107 of 1958 Mundra Metal Works Private Ltd vs The State of Rajasthan and two others held that the reference made to the Tribunal which was constituted under section 7 of the Industrial 11 Disputes Act before it was amended by Act 36 of 1956 was incompetent
The State Government then reconstituted the Tribunal under section 7A of the Act by notification dated April 16 1959 but no fresh 3 reference of the dispute in the present case was made by the State Government to the reconstituted Tribunal
Relying upon this development the appellant urged that the Tribunal reconstituted by notification dated April 16 1959 had no jurisdiction to entertain the reference originally made and in the absence of a fresh reference to the reconstituted Tribunal the proceeding was incompetent
He also urged that the constitution and the appointment of the Tribunal made after March 30 1959 were invalid
It is unnecessary however to consider the merits of these contentions because the Legislature has remedied the defects if any in the constitution of the Tribunal by enacting the Rajasthan Industrial Tribunal Constitution and Proceedings Validating Act 1959 which was reserved for the consideration of the President of India and has received his assent
By section 21 of  that Act notwithstanding any judgment decision or order of any court and notwithstanding any defect or want of form or jurisdiction the Industrial Tribunal for Rajasthan constituted under section 7 of the  by Government notification dated the 2nd June 1953 as amended by order dated the 9th March 1956 shall as respects the period commencing on the 10th day of March 1957 and ending with the 15th day of April 1959 be deemed to have been duly constituted under section 7A of the said Act
By sub section
2 it is provided that notwithstanding any judgment decision or order of any court all references made to and all proceedings taken and orders passed by the Industrial Tribunal constituted in sub section
1 between the period 10th March 1957 and 15th April 1959 shall be deemed respectively to have been made taken and passed as if the said Tribunal were constituted under section 7A of the Act
It is clear from the validating provisions that the Tribunal originally constituted under section 7 of the  before it was amended by Act 36 Of 1956 is to be deemed to 12 have been duly constituted under s7A and the reference made on December 18 1957 is to be deemed to have been made as if the Tribunal were constituted under section 7A of the amended Act
The Validating Act is because of Item 22 List III of the Seventh Schedule to the Constitution within the competence of the State Legislature and it was reserved for the consideration of the President and has received his assent
It must by virtue of article 2542 prevail in the State of Rajasthan
The contentions raised in this appeal must therefore fail
The appeal is dismissed with costs
Appeal dismissed


Summary:
A dispute arose between the appellant and his employees in the Motor Garage department in respect of the claim made by the employees for retrenchment and other compensation and leave facilities
The Government of the State of Rajasthan on December 18 1957 referred under section 10 of the  the above mentioned dispute to the Industrial Tribunal Rajasthan
Two preliminary objections were raised before the Industrial Tribunal by the appellant against the maintainability of the reference 1 That without the sanction of the Union Government under section 87B of the Code of Civil Procedure the reference to the Industrial Tribunal was incompetent
2 That on the date when the reference was made no Industrial Tribunal was constituted under section 7A of the as amended by Act 36 of 1956 and on reconstitution of the Tribunal the reference became incompetent
The Tribunal rejected both the objections
The High Court also dismissed the writ petition filed by the appellant challenging the validity of the order of the Tribunal
Hence this appeal
Held i Section 86 read with section 87 of the Code of Civil Procedure in terms protects a Ruler from being sued and not against the institution of any other proceeding which is not in the nature of a suit
A proceeding which does not commence with a plaint or petition in the nature of a plaint or where the claim is not in respect of a dispute ordinarily triable in a civil court would prima facie not be regarded as falling within section 86 Code of Civil Procedure
Section 86 of the Code excludes the jurisdiction of the civil courts and must be strictly construed
It does not debar the commencement of proceedings for adjudication of an 1SCI New Delhi64 1 2 industrial dispute for two reasonsneither party to the proceeding is saed by the initiation of the proceeding and the Tribunal is not a court
ii Article 362 of the Constitution declares that in the exercise of legislative and executive power by the Union and the State due regard shall be had to the guarantee or assurance given under any covenant or agreement with respect to the personal rights privileges and dignities of the Ruler of an Indian State
These rights privileges and dignities which are for historical reasons recommended to be respected avail the Rulers of Indian States in their status as Indian citizens and not in recognition of any sovereign authority continuing to remain vested in them
In the present case the appellant has also since the Constitution been a citizen of India and his recognition as Ruler under article 36622 of the Constitution has not altered that status but as a citizen he is assured a privileged position
iii By sub section
2 of the Rajasthan Industrial Trjbunal Constitution and Proceedings Validating Act 1959 the Tribunal originally constituted under section 7 of the  before the Act was amended by Act 36 of 1956 is to be deemed to have been duly constituted under section 7A and the reference made on December 18 1957 is to be deemed to have been made as if the Tribunal were constituted under section 7A of the amended Act
The Validating Act is because of Item 22 List III of the Seventh Schedule to the Constitution within the competence of the State Legislature
As the Act was reserved for the consideration of the President and has received his assent by virtue of article 2542 it must prevail in the State of Rajasthan
Mundra Metal Works Private Ltd vs State of Rajasthan WPNo 10758 referred to