Judgement

HIDAYATULLAH, C.J.I. : This appeal on certificate arises from a petition under Art 226 of the Constitution of India filed in the High Court at Calcutta by the appellant, the Statesman Private Ltd. This company prints and publishes daily and weekly newspapers and undertakes general printing work at Calcutta. By that writ petition the Company asked for a writ of certiorari against the Second Labour Court, West Bengal with a view to quashing an award, 21, September 1960, reinstating one Sheikh Kaloo, one of its employees. The Company had dismissed the said Kaloo after holding an inquiry but the Second Labour Court ordered his reinstatement with half wages for the period of his forced unemployment. The writ petition was heard by B. N. Banerjee J. and by his order, 15th February 1962, the petition was granted and the order of the Tribunal was quashed. The workmen who had sponsored the case of Kaloo appeared in the High Court. During the course of the appeal an application was filed by the Company stating that the Tribunal presided over by Mr. H. R. Deb was not qualified in law to adjudicate upon the dispute inasmuch as the appointment of Mr. Deb was in violation of the provisi