LexMINERVA MILLS LTD versus THEIR WORKERS.
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.'> s.o.:R. SUPREME COURT :REPORTS 465 comport themselves with that dispassionate dignity 1953 and decorum which befits their high office and will Sukhdev Singh bear in mind the oft quoted maxim that justice must Sodhi not only be done but must be seen to be done by all v. concerned and most particularly by an accused person The Chief Justice who should always be given, as far as that is humanly and Judges of tltc possible, a feeling of confidence that he will receive a H.P;r;::Urt. fair, just and impartial trial by judges who have no. ig personal interest or concern in his case. Petition dismissed. Agent for the petitioner: Ratnaparkhi Ananl Gov·ind. · Agent for the respondent: G. H. Rajadhyaksha. MINERVA MILLtl LTD. v. THEUt WORKERS. [MEHR CHAND MAHAJAN, B. K. MuKHERJEA an<l JAGANNADHADAS JJ.) Indnstrial Disputes Act, 1947, ss. 7, 8, 10-Tribitnal cansti- t·11ted for fixed period-Oonstitittion of new tribimal for hearing cases not fitlly disposed of by previoiis tribitnal-Legality-Powers of State Government. Under Section 7 of the Industria,l Disputes Act, 1947, the ap- propriate Government has ample power to constitute an industrial tribunal for a fixed period of time ancl to constitute a new tribunal on the expiry of that period, to hear ancl dispose of all references made to the previous tribunal whicb had not been disposed of by that tribunal. APPELLATE JURISDICTION: Civil Appeals Nos. 140 to 143 and 156 and 157 of 1953. Appeals by special leave granted by the Supreme Court by its Order dated the 23rd April, .1953, from the .decision dated tile 19th December, 1952, of the Labour Appellate Tribunal of India, Third Bench, Madras, in Appeals Nos. Bom. 245/52, 246/52, 247/52 and 248/52. ' 1953 Oct. 8. 19&3 Minerva Mills Ltd. v. Their Workers. 466 SUPREME COURT REPORTS [i954j C. K. Daphtary, Solicitor-General for India, (J. B. Dadachanji, with him) for the appellants in all the appeals. S. Mohan Kumaramangalam for the respondents in Civil Appeals Nos. 140 to 143. H. J. Umrigar for the respondents in Civil Appeals Nos. 156 and 157. 1953. October 8. The Judgment of the Court was delivered by MAHAJAN J.-The Government of Mysore by a noti- fication dated 15th June, 1951, under powers conferred by section 7 of the Industrial Disputes Act, 1947, constituted an Industrial Tribunal for a period of one year consis~ing 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. t:lingaravelu Mudaliar. Members : Janab Mohamed Sheriff. Sri S. Rangaramiah. Two disputes between the management and the workers of the Minerva Mills Ltd., Bangalore, and two other disputes between the management and workers of the Mysore Spinning and Manufacturing Co. Ltd., Bangalore, were referred to the said Industrial Tribu- nal under section 10 (1) (c) of the Act for adjudication. Several other disputes were also referred for adjudi- cation to the same tribunal. Till the 15th June, 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 riot pro- ceeded to record any evidence. · .. On 27th:June, 1952, the Government·by another notification constituted. another tribunal for adjudi- cation of these disputes and. acting mider section 10 (1) (c) of the Act referrl)d all the disputes-.left .undis- J'Osetl Of by the first tribunal to the newly.constituted + S.C.R. SUPREME COURT REPORTS 467 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 15th June, 1951, an Industrial Tribunal for the adjudication of industrial disputes in accord- ance 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 chair- man and the two members, namely, . Chairman : Sri T. Singaravelu Mudaliar Members: Janab Mohamad Sheriff, Sri S. Rangaramiah. Now therefore in exercise of the power conferred under sections 7 and 8 of the Industrial Disputes Act,
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