Summarize the following court judgment. ivil Appeal No. 528 of 1963. Appeal from the 'judgment and order dated March 28	 1962 of the Rajasthan High Court in D.B. Civil Writ Petition No. 164 of 1961. G.S. Pathak	 K. Jinder	 B. Dutta	 d. B. Dadachanji	 O.C. Mathur and Ravinder Narain	 for the appellant. G.S. Kasliwal	 Advocate General for the State of Rajasthan	 S.K. Kapur and B.R.G.K. Achar	 for the respondents. October 3	 1963. The Judgment of the Court vas delivered by SHAH J. By order of the President of India	 H.H. 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 366(22) 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 366(22) 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 Orissa(1) 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 S.C.R.779	786. 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 2(1) 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 s.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	 and it was reserved for the consideration of the President and has received his assent. It must by virtue of article 254(2) prevail in the State of Rajasthan. The contentions raised in this appeal must therefore fail. The appeal is dismissed with costs. Appeal dismissed.

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 1/SCI New Delhi/64 1 2 industrial dispute for two reasons:neither 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 366(22) 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 254(2) it must prevail in the State of Rajasthan. Mundra Metal Works Private Ltd. vs State of Rajasthan	 W.P.No. 107/58	 referred to.