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2000 Supreme(SC) 1850

K.G.BALAKRISHNAN, J.JAGANNADHA RAO
B. S. Sharma – Appellant
Versus
State Of Haryana – Respondent


ORDER

Delay condoned.

2. The petitioner was appointed in the Judicial service of the State of Haryana as a Sub Judge-cum-Judicial Magistrate in September 1975 and was appointed as an Addl. District Judge in May 1988. Pursuant to a request of the Government, the Registrar of the High Court issued proceedings dated 26.7.97 relating to transfers and postings of officers, as per the decision of the Full Court. The petitioner was shown as transferred and posted as Presiding Officer, Industrial Tribunal-cum-Labour Court, in the place of another officer "who was recalled to the parent cadre". A notification was thereafter issued by the Government. On 16.9.97 under Section 8 of the Industrial Disputes Act, 1947 appointing petitioner as Presiding Officer, as stated above.

3. The petitioner now contends that even if he reaches the age of superannuation in the Judicial service (i.e. 60 years), he can still continue as Presiding Officer till he completes 67 years. He relies on Section 7-C of the Industrial Disputes Act, 1947.

4. The provisions of Section 7-C of the Act read as follows:

"Section 7-C: Disqualifications for the Presiding Officer of Labour Courts, Tribunals and National Tribunals.
















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