STATE OF RAJASTHAN Vs. MEWAR TEXTILE MILLS LTD

JUDGEMENT

(1.) This appeal is brought under a certificate granted by the High Court of Rajasthan under article 133(c) of the Constitution of India against a judgment and order of that High Court in writ petition under article 226 holding the appointment of one Shri Sukhdeo Narain as invalid and directing that all proceedings taken by him as a the Industrial Court under section 7 of the Industrial Disputes Act (No. XIV of 1947) are null and void.

(2.) We are informed that Shri Sukhdeo Narain has ceased to work as an Industrial Tribunal and the present appeal, therefore, becomes infructuous, but we are invited by the Advocate-General on behalf of the State of Rajasthan who is the appellant before us to decide the question as to the validity of the appointment, as it is likely to affect other awards made by tribunals under the Industrial Disputes Act. We accordingly proceed to give our decision.

(3.) The question involved in the case is whether the appointment of Shri Sukhdeo Narain is invalid because he does not fulfill the qualification laid down for a tribunal under section 7(3) of the Industrial Disputes Act.