STATE OF ASSAM Vs. HORIZON UNION

JUDGEMENT

(1.) This appeal by special leave raises the question whether respondent No. 2, Shri B. C. Dutta was qualified for appointment as the Presiding Officer of an Industrial Tribunal under S. 7-A (3) of the Industrial Disputes Act, 1947.

(2.) In 1964, the Parliament passed the Industrial Disputes (Amendment) Act (No. 36 of 1964). This amending Act inserted in S. 7-A (3) after Cl. (a) the following clause :

(3.) By an order of the State Government dated December 7, 1965, Shri Dutta was appointed the Presiding Officer of the Industrial Tribunal, Assam, Gauhati. Respondent No. 1 flied a writ petition in the Assam High Court challenging this appointment. The High Court quashed the appointment on the ground that Shri Dutta lacked the qualification required by S. 7-A (3). Counsel for the State of Assam submitted that Shri Dutta had been an Additional District Judge for over three years and was, therefore, qualified for appointment. This submission involves consideration of the question whether Shri Dutta, while working as Registrar of the Assam High Court, held the office of an Additional District Judge.