B S SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Delay condoned.

(2.) The petitioner was appointed in the judicial service of the State of Haryana as a Sub-Judge-cum-Judicial Magistrate in Sept., 1975 and was appointed as an Addl. District Judge in May 1988. Pursuant to a request of the Government, the Registrar of the High Court issued proceedings dated 26-7-1997 relating to 'transfers and postings' of officers, as per the decision of the Full Court. The petitioner was shown as 'transferred and posted as' Presiding Officer, Industrial Tri-bunal-cum-Labour Court, in the place of another officer "who was recalled to the present cadre". A notification was thereafter issued by the Government on 16-9-1997 under Section 8 of the Industrial Disputes Act, 1947 appointing petitioner as Presiding Officer, as stated above.

(3.) The petitioner now contends that even if he reaches the age of superannuation in the Judicial service (i.e. 60 years), he can till continue as Presiding Officer till he completes 67 years. He relies on Sec. 7-C of the Industrial Disputes Act, 1947.