- (1.) The Government of Mysore by a notification dated 15-6-1951 under powers conferred by S. 7. Industrial Disputes Act, 1947, constituted an Industrial Tribunal for a period of one year consisting of a chairman and two members for the adjudication of industrial disputes in accordance with the provisions of the Act. It appointed the following persons as chairman and members thereof : Chairman : Rajadharmaprasakta T. Singaravelu Mudaliar. Members : Janab Mohamed Sheriff, Sri S. Rangaramiah. Two disputes between the management and the workers of the Mineiva Mills Ltd., Bangalore and two other disputes between the management and workers of the Mysore Spinning and Manufacturing Co., Ltd., Bangalore, were referred to these said Industrial Tribunal under S. 10(1)(c) of the Act for adjudication. Several other disputes were a1so referred for adjudication to the same tribunal. 'Till 15-6-1952, when the period of one year expired. the Tribunal had only disposed of 5 out of the 22 disputes referred to it. In the four disputes with which we are concerned the Tribunal had only framed issues and had not proceeded to record any evidence. '
(2.) On 27-6-1952 the Government by another notification constituted another Tribunal for adjudication of' these disputes and acting under S. 10(1)(c) of the Act referred all the disputes left undisposed of by the first Tribunal to the newly constituted Tribunal. This notification was not very happily worded and has been the subject matter of a good deal of comment in the courts below and also before us. It runs thus : "Whereas under Notification No. L. S. 1075-L. W. 68-51-2, dated 15-6-1951, an Industrial Tribunal for the adjudication of industrial disputes in accordance with the Provisions of the Industrial Disputes Act, 1947 was constituted for a period of one year. And whereas the said period of one year has expired 'creating a vacancy in the office of both the chairman and the two members', namely, Chairman : Sri T. Singaravelu Mudaliar Members : Janab Mohamed Sheriff, Sri S. Rangaramiah. Now therefore in exercise of the power conferred under Ss. 7 and 8, Industrial Disputes Act, 1947. H. H. the Maharaja of Mysore is hereby pleased to constitute an Industrial Tribunal for adjudication of industrial disputes in the Mysore State in accordance with the provisions of the Act and further to appoint the following persons as chairman and members thereof : Chairman : Sri B. R. Ramalingiah. Members: Janab Mohamed Sheriff. Sri K. Shamaraja Iyengar. Under S. 10(1)(c). Industrial Disputes Act. 1947, H. H. the Maharaja is pleased to direct that the Tribunal now constituted under this notification shall hear and dispose of all the references made to the previous tribunal constituted under the notification of 15-6-1951 and which have remained undisposed of on15-6-1952." When the second tribunal proceeded to hear the four disputes which are the subject matter of these appeals, the employers raised a number of preliminary objections regarding the jurisdiction of the tribunal to hear and dispose of the disputes, the principal contentions being, (1) that the' time limit of one year fixed for the life of the first tribunal was unauthorized and illegal and therefore the first tribunal continued to exist in spite of the expiry of that period: (2) that the Government could not withdraw the disputes referred to the first tribunal from it, so long as the members of the first tribunal were available for. discharging their duties and that section 8 had no application to the facts of this case; and (3) that the trial of these disputes by the newly constituted tribunal, even if it had jurisdiction to entertain them could not be started from the stage at which they were left by the first tribunal and should begin 'de novo'.
(3.) The employees contested these propositions and contended that it was competent for the Government to constitute one or more Industrial Tribunals under S. 7 and it was open to it to prescribe that these tribunals should function for a limited period ; that the notification dated 27-6-1952 was valid both under Ss. 7 and 8 of the Act and the second tribunal was properly constituted and had jurisdiction over the disputes referred to it under S. 10(1) (c) of the Act and that there was no need for a 'de novo' trial in law.;