Judgment Case ID: 224

Judgment:
Appeal No. 103 of 1952. Appeal under article 133(1) (c) of the Constitution of India from the Judgment and Order	 dated the 10th August	 1951	 of the High Court of Judicature for Rajasthan at Jodhpur (Wanchoo and Bapna JJ.)	 in D. B. Civil Miscellaneous Application No. 21 of 1951. K. section Hajela	 Advocate General of Rajasthan	 for the appellant. No appearance for the respondents. March 17. The Judgment of the Court was delivered by GHULAM HASAN J. This appeal is brought under a certificate granted by the High Court of Rajasthan under article 133(c) of the Constitution of India against a judgment and order of that High Court in writ petition under article 226 holding the appointment of one Shri Sukhdeo Narain as invalid and directing that all proceedings taken by him as the Industrial Court under section 7 of the Industrial Disputes Act (No. XIV of 1947) are null and void. 1130 We are informed that Shri Sukhdeo Narain has ceased to work as an Industrial Tribunal and the present appeal	 therefore	 becomes infructuous	 but we are invited by the Advocate General on behalf of the State of Rajasthan who is the appellant before us to decide the question as to the validity of the appointment	 as it is likely to affect other awards made by tribunals under the Industrial Disputes Act. We accordingly proceed to give our decision. The question involved in the case is whether the appointment of Shri Sukhdeo Narain is invalid because he does not fulfil the qualifications laid down for a tribunal under section 7(3) of the Industrial Disputes Act. Section 7(3) hereinafter referred to as the Industrial Act says: " Where a tribunal consists of one member only	 that member	 and where it consists of two or more members	 the chairman of the tribunal	 shall be a person who (a) is or has been a Judge of a High Court; or (b) is or has been a District Judge . . . . . " The Industrial Act was applied to Rajasthan by the Rajasthan Adaptation of Central Laws Ordinance	 1950 (Ordinance IV of 1950)	 by the Rajpramukh on January 24	 1950. By this adaptation section 7 of the Industrial Act came to be applied to Rajasthan. Shri Sukhdeo Narain was appointed on October 9	 1950	 by a notification which ran as follows: "In exercise of the powers conferred by section 7 of the Industrial Disputes Act	 1947.(XIV. of 1947) the Government of Rajasthan is pleased to constitute an Industrial Tribunal consisting of Shri Sukhdeo Narain	 a retired Judge of the High Court of the erstwhile Jodhpur State for the adjudication of an Industrial dispute in the Mewar Textile Mills Ltd.	 Bhilwara	 in Rajasthan. " The appointment of Shri Sukhdeo Narain was objected to by the respondent on the ground that	 the 1131 words "a Judge of a High Court" in section 7(3) mean " a Judge of the High Court of Judicature for Rajasthan established under the Rajasthan High Court Ordinance	 1949" and as Shri Sukhdeo Narain had been a Judge of the High Court of the former State of Jodhpur	 he could not be held to be Judge of the High Court under section 7(3) of the Industrial Act. This objection was upheld by the High Court. Though the appointment of Shri Sukhdeo Narain in the notification was based upon the fact that he was a retired Judge of the High Court of Jodhpur	 in arguments it was also contended before the High Court that even if he was not qualified for appointment as a former Judge of a High Court	 he was certainly qualified for appointment as a former District Judge. The High Court repelled this contention. It appears that the United State of Rajasthan came into existence on April 7	 1949	 and the United State of Matsya was integrated with it on May 15	 1949. Section 5 of Ordinance No. IV of 1950 lays down that: " For the purpose of the application of any Central law to Rajasthan	 unless there be anything repugnant in the suject or context	 (ix) references therein to other civil	 criminal and revenue courts	 to public offices	 and to Judges	 Magistrates	 officers or authorities shall be deemed to be references to such courts	 offices and Judges	 Magistrates	 officers or authorities of or in Rajasthan. " The High Court held that the word "Rajasthan" as defined in Ordinance I of 1949 means the United State of Rajasthan and "the Judges an d other officers" mentioned in section 5(ix) must be held to be those in the service of the United State of Rajasthan. Accordingly they held that Shri Sukhdeo Narain could not be held to be a District Judge within the meaning of section 7(3) (b) and his appointment as an Industrial Tribunal under that section was	 therefore	 invalid. We are of opinion that this appeal can be decided on a short ground. The Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950) came into force on May 20	 1950. By section 34 it was provided that the 1132 Industrial Disputes Act	 XIV of 1947	 shall be amended in the manner specified in the Schedule and the Schedule substituted sub section (2) to section (1) of the Industrial Act as follows : "It extends to the whole of India except the State of Jammu and Kashmir. " As we have already stated the appointment of Shri Sukhdeo Narain was made on October 9	 1950	 i.e.	 after the Industrial Disputes Act had become applicable to Rajasthan. It is not necessary therefore to invoke the provisions of Ordinance. IV of 1950 in deciding the question of the validity of the appointment. The argument based on section 34 of Act XLVIII of 1950 was put forward before the High Court at the time of the hearing of the application for leave to appeal and it was contended that in view of section 34 the provisions of Rajasthan Adaptation of Central Laws Ordinance	 1950	 namely section 5	 subsections (vii) and (ix)	 stood amended or repealed but the High Court observed that even if this argument had been raised before them in appeal	 it would have made no difference. It has been contended before us by Mr. Hajela	 the learned Advocate General on behalf of the State	 that after the Industrial Disputes Act of 1947 was extended to Rajasthan by section 34 of the Industrial Disputes (Appellate Tribunal) Act	 XLVIII of 1950	 the provisions of the former stood amended by section 34 and could not be read subject to section 5 of the Rajasthan Adaptation of Central Laws Ordinance IV of 1950. We think there is force in this contention. The effect of section 34	 as we have already indicated	 was to extend the territorial application of the 	 to the whole of India including Rajasthan the exception being the State of Jammu and Kashmir only. This being so the words "A Judge of a High Court and a District Judge" used in section 7(3) (a) and (b) respectively of the 	 must be held now to include "A Judge of the High Court and a District Judge in the former State of Jodhpur". There is now no room for the application of section 5 of Ordinance IV of 1950 according to which a Judge of the High Court 1133 and a District Judge could only. mean a Judge of the High Court for Rajasthan established under the Rajasthan High Court Ordinance 1949 and a District Judge of or in Rajasthan within the meaning of section 5(ix) of Ordinance No. IV of 1950. Accordingly we hold that the appointment of Shri Sukhdeo Narain was perfectly valid. We accordingly set aside the order of the High Court but without costs	 as the respondent is not	 represented.

Summary:
Held	 that under section 7(3) (a) and (b) of the Industrial Disputes Act (XIV of 1947) as amended by section 34 of the Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950) the phrase "a Judge of a High Court and a District Judge" includes a Judge of the High 	Court and a District Judge in the former State of Jodhpur.