HARYANA CO-OPERATIVE TRANSPORT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE award (Annexure 'e') delivered in an industrial dispute by Shri Hans Raj gupta, the second respondent on April 16, 1966 has been challenged in certiorari proceedings under Articles 226 and 227 of the Constitution at the instance of the haryana Co-operative Transport Limited. Kaithal on a number of grounds, but the only serious challenge relates to the validity of his appointment as Presiding officer of the Labour Court, Rohtak.

(2.) AT first the industrial dispute between the petitioner and respondents 3 and 4, who are conductor and driver respectively of the petitioner, was referred under section 10 of the Industrial Disputes Act (hereinafter called the Act) by notification of the State of Punjab of 22nd June, 1964, for the adjudication of Shri Jawala Dass on whose retirement Shri Hans Raj Gupta was appointed on 4th of June, 1965, during the pendency of the reference. The second respondent was Registrar to the petitions Appeals Tribunal. Jullundur Cantonment, for more than seven years from january 14, 1947 to October 19, 1954. After relinquishing the post of Registrar, he was reverted as Upper Division Clerk-cum-Head Clerk which office he held till february 17, 1957, and was appointed subsequently as Assistant Settlement officer where he remained till September, 1962.

(3.) UNDER Sub-section (1) of section 7 of the Act, the appropriate Government may be notification constitute one or more Labour Courts for the adjudication of industrial disputes and sub-section (3) says that: