Judgment

VENKATARAMA AIYAR, J. : This is an appeal by special leave against the Order of the Industrial Tribunal, Punjab, dated September 11, 1959, in Reference No. 30 of 1957, overruling certain preliminary objections raised by the appellant to the jurisdiction of the Tribunal to hear the reference. The facts are that on February 14, 1955, the Government of Punjab referred under S. 10 (1) (c) of the Industrial Disputes Act,1947 hereinafter referred to as "the Act", certain disputes between the appellant and the respondents to the Industrial Tribunal, Punjab, Jullundur, for adjudication. That was numbered as Reference No. 3 of 1955. This Tribunal had been constituted on August 29, 1953, by a Notification issued by the Government of Punjab, which is as follows :

"In exercise of the powers conferred under S. 7 of the Industrial Disputes Act, 1947 (Act XIV of 1947), the Governor of Punjab, in consultation with the Punjab High Court, is pleased to appoint Shri Avtar Narain Gujral, Advocate, as Industrial Tribunal for Punjab."

The main contention pressed before us on behalf of the appellant is that Shri A. N. Gujral was not qualified under S. 7 (3) (c) of the Act under which the Notificati