LAWS(SC)-1976-12-9

STATE OF HARYANA Vs. HARYANA COOPERATIVE TRANSPORT LIMITED

Decided On December 02, 1976
STATE OF HARYANA Appellant
V/S
HARYANA COOPERATIVE TRANSPORT LIMITED Respondents

JUDGEMENT

(1.) The 1st respondent is a co-operative transport society carrying on transport business at Kaithal, District Karnal, State of Haryana. The Society terminated the services of respondents 3 and 4 who were working with it as conductor and driver, respectively. The State of Punjab, on June 22, 1964, referred the dispute arising out of the dismissal of respondents 3 and 4, under Sec. 10 of the Industrial Disputes Act (14 of 1947) for the adjucdication of the Labour Court, Rohtak. That Court was then presided over by Shri Jawala Dass. On shri Dass's retirement, Shri Hans Raj Gupta was appointed on June 4, 1965, as the Presiding Officer of the Court. The reference was thereafter heard by him and on April 16, 1966 he gave an award directing the reinstatement of respondents 3 and 4 with 50% back-wages from the date of their dismissal until the date of reinstatement. The Presiding Officer of the Labour Court is the 2nd responednt to this appeal.

(2.) Being aggrieved by the award, the 1st respondent filed Writ Petition No. 1575 of 1966 in the High Court of Punjab and Haryana under Arts. 226 and 227 of the Constitution, praying that the award given by the 2nd respondent be set aside on the ground, inter alia, that he was not qualified to hold the post of a Judge of the labour Court, and therefore, the award was without jurisdicition. The Writ Petition having been allowed by a Division Bench by its judgment dated March 26, 1968 the State of Haryana has filed this appeal by special leave. The Presiding Officer of the Labour Court was impleaded to the Writ Petiton as the 2nd respondent.

(3.) The only question for decision in this appeal is whether Shri Hans Raj Gupta who gave his award as the Presiding Officer of the labour Court was qualified for being appointed as a Judge of the Labour Court. Section 7 (1) of the Industrial Disputes Act provides that the appropriate Government may constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule to the Act. A Labour Court, under Sec. 7(2), shall consist of one person only to be appointed by the Government. Sub-section (3) of Sec. 7 reads thus: