Judgment

BACHAWAT, J. : This appeal by special leave raises the question whether respondent No. 2, Shri B. C. Dutta was qualified for appointment as the Presiding Officer of an Industrial Tribunal under S. 7-A (3) of the Industrial Disputes Act, 1947.Section 7-A inserted in the Industrial Disputes Act, 1947 by Act No. 36 of 1956 with effect from March 10, 1957 read as follows :

"7-A 1. The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule.

2. A Tribunal shall consist of one person only to be appointed by the appropriate Government.

3. A person shall not be qualified for appointment as the presiding officer of a Tribunal unless -

(a) he is, or has been a Judge of a High Court; or

"(b) he has held the office of chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950, or of any Tribunal, for a period of not less than two years."

Assam Act No. 8 of 1962 which received the assent of the President on April 25, 1962 inserted in