AERON STEEL ROLLING MILLS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal under clause 10 of the Letters patent raises the question whether the statutory provision which empowers the State Government to transfer a proceeding under the Industrial Disputes Act from one Tribunal to another is mandatory or directory.

(2.) On the 31st October, 1957, the Punjab Government passed an order under Section 33-B of the Industrial Disputes Act, 1947, withdrawing all references pending before the Second Industrial Tribunal at Amritsar and transferring the same to the Industrial Tribunal at Jullundur. The petitioner questioned the validity of this order by means of a petition under Articles 226 and 227 of the Constitution on the ground that the State Government had failed to specify the reason on which the order of transfer was based and had thus violated the provisions of Section 33-B of the statute. The learned Single Judge before whom the petition came up for hearing dismissed the petition and the petitioner has appealed.

(3.) Section 33-B of the Industrial Disputes Act in so far as it is relevant for the decision of this appeal is in the following terms:--