G.R. Majithia, J. - (1.) THE Petitioners have challenged the validity of the provisions of the Indian Council of World Affairs Ordinance, 1990, promulgated by the President of India on the ground that the impugned Ordinance is violative of Articles 14(1)(a) and 19(1)(c) of the Constitution of India. Petitioner No. 1 is the President of the Indian Council of World Affairs, Chandigarh Branch and Petitioner No. 2 is the National Vice -President of the Indian Council of World Affairs, New Delhi. The Petitioners claim that they are Indian Citizens and the impugned Ordinance affects their fundamental rights guaranteed under Articles 14, 19(1)(a) and 19(1)(c) of the Constitution of India.
(2.) THE brief facts of the case are as follows: The Indian Council of World Affairs is a Society registered under the Societies Registration Act, 1860. The Society was registered in the year 1943. The initial members were distinguished persons in public life; like Pt. Jawahar Lal Nehru, Sir Tej Bahadur Sapru, Sir Ardeshir R. Dayal, Sir Maurica Gwyer, Dr. M.R. Jayakar, Mr. Hirday Nath Kunzru, Sir Shri Ram, Mrs. Vijaya Lakshmi Pandit, Mr. S. Shiva Rao, Dr. K.N. Katju, Shri T.T. Krishnamachari, Shri M.R. Masnani, Shri Dev Das Gandhi and others. The object of the Society was to establish independent centre for study and research on national and international problems. The Society was formed as non -official, non -political and non -profit earning organization. One of the objects laid down in the Bye -laws is as under: Promoting the study of Indian and international questions so as to develop a body of informed opinion of world affairs and India's relation thereto through study, research, discussion, lecturers, exchange of ideas and information etc. with other bodies of India and abroad engaged in similar activities. By means of the Ordinance called Indian Council of World Affairs Ordinance, 1990 (for short, the Ordinance), the Indian Council of World Affairs has been declared the institution of national importance and it has been incorporated into a body corporate. Section 2 of the Ordinance declares Indian Council of World Affairs to be an institution of national importance. Section 4 of the Ordinance has. constituted Indian Council of World Affairs into a body corporate by the name of the Indian Council of World Affairs. This body shall have perpetual succession and a common seal with power subject to the provisions of this Ordinance, to acquire hold and dispose of property, both movable and immovable and it can sue and be sued. According to Section 4 of the Ordinance, all assets and liabilities of existing council i.e. Indian Council of World Affairs registered under the Societies Registration Act, 1860, has been vested in the Indian Council of World Affairs incorporated under Section 4 of the Ordinance.
(3.) PROVISIONS of Section 5 of the Ordinance reads as follows: 5(1) On and from the appointed day, - - (a) all properties and other assets vested in the existing Council immediately before that day, shall vest in the Council; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing Council immediately before that day for or in connection with the purpose of the existing Council, shall be deemed to have been incurred, entered into and engaged to be done, with or for the Council; (c) all sums of money due to the existing Council, immediately before that day shall be deemed to be due to the Council; (d) all suits and other legal proceedings instituted or which could have been instituted by or against the existing council, immediately before that day, may be continued or instituted by or against the council; and (e) every employee holding any office under the existing council immediately before that day, shall on that day, hold his office or service under the Council with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting; and shall continue to do sounless and until his employment under the Council is duly terminated or until his remuneration and other conditions of service are duly altered by the Council. 2. Notwithstanding anything contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force, the absorption of any employee by the Council in its regular service under this section shall not entitle such employee to any compensation under that Act or any other Law and no such claim shall be entertained by any Court, tribunal or other authority.;