STATE OF ASSAM versus HORIZON UNION & ANR

Citation: [1967] 1 S.C.R. 484 · Decided: 23-09-1966 · Supreme Court of India · Bench: K. SUBBA RAO · Disposal: Appeal(s) allowed
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Judgment (excerpt)

STATE OF ASSAM 
v. 
HORIZON UNION & ANR 
September 23, 1966 
A 
(K. SUBBA RAO C. J., M. HIDAYATIJLLAH, S. M. SIKRI, R. S. 
B 
BACHAWAT AND RAGHUBAR DAYAL, JJ.] 
Industrial Disputes Act (14 o/ 1947), n. 7.4(3) (aa), 7.4(3) (b)-
Addi1ional Dis1ric1 Judge, officia1lng as Registrar, High Court, i/ quaJ/. 
fied-Labour Court if J'ribunal withins. 7A(3)(b). 
The High Court quashed the appointment of the second respondent 
as Presiding Officer of an Industrial Tribunal on the ground that ho wu 
not an 
Additional District 
Judge 
for 
three 
years as required 
by 
s. 7A(3)(aa) of the Industrial Disputes Act. 
In appeal to this 
Court, 
the appellant-State contended that though the respondent did not work as 
Additional District Judge for the full period of three years be satisfied 
the requirement of the section, since, while officiating as Registrar of the 
High Court he held the office of an Additional District Judge. 
HELD : The second respondent was duly 
qualified for appointment 
under s. 7A(3) (aa) of the Industrial Disputes Act. 
To satisfy the ,.... 
quirements of the section it was not necessary that the penon must have 
actually worked as an Additional District Judge for that period. [487 Bl 
Section 7A(3) (aa) inserted by the Centrai Act prevails over cl. (aa) 
of s. 7A(3) of the Assam Amendment to the Industrial Disputes Act 
and it docs not require any consultation with the High Court regarding 
appointment to a Tribunal. [487 D-E) 
Though the respondent was the Presiding Officer of a Labour Court 
be was not qualified otherwise for appointment under s. 7A(3), because 
a Labour Court is not a Tribunal withm the meaning of s. 7A(3)(b) read 
withs. 2(r). [488 Bl 
c 
D 
E 
CIVIL APPELLATE 
Ju.RISDICTION : Civil Appeal No. 1565 of 
F 
1966. 
Appeal by special leave from the judgment and order dated 
June 2, 1966 of the Assam and Nagaland High Court at Gauhati in 
Civil "Rule No. 7 of 1966. 
M. C. Seta/vad and NaUJti/ LAI, for the appellant. 
D. Goburdhan, for respondent No. I. 
S. N. Prasad, for respondent No. 2. 
The Judgment of the Court was delivered by 
Bachawat, J. This a·ppeal by special leave raises the question 
whether respondent No. 2, Shri B. C. Dutta was qualified for ap-
pointment as the Presiding Officer of an Industrial Tribunal under 
s. 7A(3) of the Industrial Disputes Act, 1947. Section 7A inserted 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
ASSAM v. HORIZON UNION (Bachawat, !.) 
485 
in the Industrial Disputes Act, 1947 by Act No. 36 of 1956 with 
effect from March 10, 1957 read as follows :-
"7 A (!) The appropriate Government may, by 
notification in the Official Gazette, constitute one or more 
Industrial Tribunals for the adjudication of industrial 
disputes relating to any matter, whether specified in the 
Second Schedule or the Third Schedule. 
(2) A Tribunal shall consist of . one person only 
to be appointed by the appropriate Government. 
(3) A person shall not be qualified for appointment 
as the presiding officer of a Tribunal unless-
(a) he is, or has been a judge of a High Court; or 
(b) he has held the office of chairman or any other 
member of the Labour Appellate Tri'mnal 'constituted 
under the Industrial Disputes (Appellate Tribunal) Act, 
1950, or of any Tribunal, for a period o( not less than 
two years." 
Assam Act No. 8 of 1952 which received the assent of the 
President on April 25, 1962 inserted in s. 7A(3) after cl. (a), the 
following clause :-
"(aa) lie has worked as a Districi judge or as an 
Additional District judge or as both for a total period 
of not less than three years or is qualified for appoint-
ment as a judge of a High Court; 
Provided that the appointment to a Tribunal of any 
person qualified under this clause shall not be made 
without consultation with the Assam High Court; or". 
In 1964, the Parli1m1ent passed the Jridustrial Disputes (Amend 
ment) Act (Nq. 36 of 1964). This-amending Act inserted in s. 7 A(3 
after ,cl. (a) the following Clause ; 
"(aa) he has, for a 
period of not less than three 
years, been a District judge or an Additional District 
judge; or". 
By an order of the State Government dated December 7, 
1965, Shri Dutta was appointed the Presiding Officer of the Indus-
trial Tribunal, Assam, Gauhati. Respondent No. I filed a writ 
petition in the Assam High Court challenging this appointment. 
The High Court quashed the appointment on the ground that 
Shri .Dutta lacked the qualification required by s. 7A(3) .. Counsel 
for the State of Assam submi
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