ATLAS CYCLE INDUSTRIES LIMITED SONEPAT Vs. THEIR WORKMEN

JUDGEMENT

(1.) 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:

(2.) While Reference No. 3 of 1955 was pending before the Tribunal, the provisions of the Industrial Disputes Act, 1947, were amended by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 (Act No. 36 of 1956) which came into force on March 10, 1957. This Amendment Act repealed S. 7 of the principal Act, and replaced it by Ss. 7A, 7B and 7C. Section 30 of the Amendment Act contains a saving as regards proceedings in relation to any industrial dispute which had been pending before a Tribunal constituted under the principal Act. Acting under this section, the Punjab Government issued on April 19,1957, the following Notification:

(3.) The contention of the appellant with reference to this notification is that S. 30 of Act 36 of 1956 does not authorise the appointment of a Member to the Tribunal constituted under S 7, and that the Notification in so far as it continued Shri A. N. Gujral, as Member of the Tribunal after his term of office had expired on March 10,1957, was unauthorised and void.