Wanchoo, CJ.—This is an application by the Mewar Textile Mills Ltd., Bhilwara; under Article 226 of the Constitution of India. By this application, the applicant challenges the appointment of Shree Sukhdeo Narain, retired judge of the High Court of the former State of Jodhpur, as the Industrial Tribunal under sec. 7 of the Industrial Disputes Act (No. XIV of 1947). It may be mentioned that Shree Sukhdeo Narain is no longer working as the Industrial Tribunal now, as his appointment was terminated some time after the present application had been filed, but we have heard arguments on this application in spite of the termination of Shree Sukhdeo Narains appointment, because if the application prevails, the proceedings taken before Shree Sukhdeo Narain will all become void.

2. The main point that has been urged in support of the application is that the appointment is invalid, because Shree Sukhdeo Narain does not fulfil the qualification laid down for a Tribunal under sec. 7 (3) of the Industrial Disputes Act.

3. The main opposition to the application has been made by the State of Rajasthan. It is, in the first place, contended on their behalf that as there are other remedies open to the

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