Wanchoo, C.J. - (1.) These are two connected applications under Art, 226 of the Constitution of India. Application No. 25 is by Maharaja Shri Umaid Mills Ltd., Pali, and application No. 30 is by the Mevvar Textile Mills Ltd., Bhilwara. As the points raised in the two applications are exactly the same, we propose to decide them by one judgment.
(2.) The case of the applicants is briefly this. The Government of Rajasthan, in exercise of the powers conferred on it by Section 7, Industrial Disputes Act, 1947, constituted an Industrial Tribunal of one member on 2-6-1953, and appointed Shri S.S. Mehta on it for adjudication of certain industrial disputes referred to the Tribunal. The notification in paragraph 2 fixed the date from which the Tribunal would start to function, and also fixed the term of the appointment of Shri Mehta. The appointment of Shri Mehta was notified to be for the financial year 1953-54. In pursuance of this notification, Shri Mehta started work as Industrial Tribunal for deciding the industrial disputes relating to the two applicants, and their workers. The disputes were not decided by 31-3-1954. The applicants' case further is that no notification was issued before 31-3-1954 extending the life of the Tribunal consisting of Shri Mehta, nor was any notification issued constituting, and appointing Shri Mehta afresh as a tribunal after that date- Consequntly the applicants objected to Shri Mehta's proceeding with the adjudication of the industrial dispute any further in April, 1954. This objection was overruled by Shri Mehta in both the cases. Consequently the present applications have been filed.
(3.) The main contention of the applicants is that the notification of 2-6-1953, fixed the term for the appointment of Shri Mehta as the Industrial Tribunal, and that as that term expired on 31-3-1954, and there was no extension of Shri Mehta's appointment, before that date, the Tribunal automatically came to an end on 313- 1954, and thereafter a fresh tribunal had to be constituted. It is said that the action of the State Government in deleting paragraph 2 from the notification of 26- 1953, by a notification dated 26-5-1954, published in the Rajasthan Raj Patra of 5-6-1954, could not revive the tribunal retrospectively from 31-3-1954, or even prospectively from 5-6-1954, and therefore all proceedings taken by Shri Mehta after 31-3-1954, were without jurisdiction, and this Court should declare them to be so, and should prohibit Shri Mehta from acting as an Industrial Tribunal any further.;