MEWAR TEXTILE MILLS LTD Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This is an application by the Mewar Textile Mills Ltd., Bhilwara, under Article 226, Constitution of India. By this application, the applicant challenges the appointment of Shree Sukhdeo Narain, retired Judge of the High Court of the former State of Jodhpur, as the Industrial Tribunal under Section 7, Industrial Disputes Act (No. XIV [14] of 1947), It may be mentioned that Shree Sukhdeo Narain is no longer working as the Industrial Tribunal now, as his appointment was terminated some time after the present application had been filed; but we have heard arguments on this application in spite of the termination of Shree Sukhdeo Narain's appointment, because, if the application prevails, the proceedings taken before Shree Sukhdeo Narain will all become void.

(2.) The main point that has been urged in support of the application is that the appointment is invalid, because Shree Sukhdeo Narain does not fulfil the qualifications laid down for a Tribunal under Section 7 (3), Industrial Disputes Act.

(3.) The main opposition to the application has been made by the State of Rajasthan. It is in the first place, contended on their behalf that as there are other remedies open to the applicant, it cannot invoke the jurisdiction of this Court under Article 226 of the Constitution. In the second place, it is urged that Shree Sukhdeo Narain was qualified within the meaning of Section 7 (3), Industrial Disputes Act.