Judgment

GHULAM HASAN J.

This appeal is brought under a certificate granted by the High Court of Rajasthan under Art. 133 (c) of the Constitution of India against a judgment and order of that High Court in a writ petition under Art 226 holding the appointment of one Shri Sukhdeo Narain as invalid and directing that all proceedings taken by him as the Industrial Court under S. 7. Industrial Disputes Act (No. 14 of 1947) are null and void.

2. 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.

3. 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 S. 7(3), Industrial Disputes Act.

4. 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; .... .... .... ...."

5. The Industrial Act was applied to Rajasthan by the Rajasthan Adaptation of Central Laws Ordinance, 1950 (Ordinance 4 of 1950) by the Rajpramukh on January 24, 1950. By this Adaptation S. 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 (14 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",

6. the appointment of Shri Sukhdeo Narain was objected to by the Respondent on the round that the words a Judge of a 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 S. 7(3), Industrial Act. This objection was upheld by the High Court.

7. Though the appointment of Sri 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 7-4-1949, and the United State of Matsya was integrated with it on 15-5-1949.

Section 5 of Ordinance No. 4 of 1950 lays down that :

"For the purpose of the application of any Central law to Rajasthan. Unless there be anything repugnant in the subject or contex, ---

(ix) reference 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".

8. The High Court held that the word Rajasthan as defined in Ordinance 1 of 1949, means the United State of Rajasthan and the Judges and other officers mentioned in S. 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 s. 7 (3) (b) and his appointment as an Industrial Tribu