Venkatarama Aiyar, J. - (1.) This is an appeal by special leave against the Order of the Industrial Tribunal, Punjab, dated September 11, 1959, in Reference No. 30 of 1957, overruling certain preliminary objections raised by the appellant to the jurisdiction of the Tribunal to hear the reference. The facts are that on February 14, 1955, the Government of Punjab referred under S. 10 (1) (c) of the Industrial Disputes Act,1947 hereinafter referred to as "the Act", certain disputes between the appellant and the respondents to the Industrial Tribunal, Punjab, Jullundur, for adjudication. That was numbered as Reference No. 3 of 1955. This Tribunal had been constituted on August 29, 1953, by a Notification issued by the Government of Punjab, which is as follows: "In exercise of the powers conferred under S. 7 of the Industrial Disputes Act, 1947 (Act XIV of 1947), the Governor of Punjab, in consultation with the Punjab High Court, is pleased to appoint Shri Avtar Narain Gujral, Advocate, as Industrial Tribunal for Punjab." The main contention pressed before us on behalf of the appellant is that Shri A. N. Gujral was not qualified under S. 7 (3) (c) of the Act under which the Notification was issued to be appointed as Tribunal on August 29, 1953, as he was over sixty years of age on that date, having been born on June 4, 1892, and that there was therefore no Tribunal validly constituted in existence, and that in consequence the reference to that so-called Tribunal on February 14, 1955, was wholly inoperative.
(2.) While Reference No. 3 of 1955 was pending before the Tribunal, the provisions of the Industrial Disputes Act, 1947, were amended by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 (Act No. 36 of 1956) which came into force on March 10, 1957. This Amendment Act repealed S. 7 of the principal Act, and replaced it by Ss. 7A, 7B and 7C. Section 30 of the Amendment Act contains a saving as regards proceedings in relation to any industrial dispute which had been pending before a Tribunal constituted under the principal Act. Acting under this section, the Punjab Government issued on April 19,1957, the following Notification: "No. 4194-C Lab 57/652.-RA-In continuation of Punjab Government Memorandum No. 3078-C-Lab-57/4224, dated the 1st/11th March, 1957, and in exercise of the powers conferred by S.7 of the Industrial Disputes Act,1947, as in force before the commencement of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, read with S. 30 of the latter Act and all other powers enabling him in this behalf the Governor of Punjab is pleased to extend- (a) the period for which the Industrial Tribunal, Punjab, Jullundur, is constituted, and (b) the term of appointment of the Sole Member thereof, up to the last day of October,1957, or such date is the proceedings in relation to industrial disputes pending in the said Tribunal immediately before the 10th March, 1957, are disposed of, whichever is earlier". To put it briefly, this Notification extended the life of the Tribunal constituted under the repealed S.7, for the period specified therein, and it also continued the term of Shri A. N. Gujral, as the Member thereof, for the said period.
(3.) The contention of the appellant with reference to this notification is that S. 30 of Act 36 of 1956 does not authorise the appointment of a Member to the Tribunal constituted under S 7, and that the Notification in so far as it continued Shri A. N. Gujral, as Member of the Tribunal after his term of office had expired on March 10,1957, was unauthorised and void.;