1966 (9) TMI 154

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....putes Act, 1947 by Act No. 36 of 1956 with effect from March 10, 1957 read as follows :- "7A (1) 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 Tribunal constituted under the Industria....

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....tta, while working as Registrar of the Assam High Court, held the office of an Additional District Judge. The Assam Judicial Service (Senior) Rules, 1952 show that the strength of the Assam Judicial Service (Senior) and of each kind of post therein is as follows "Senior Grade I Registrar ... ... ... ... District Judges ... ... ... 3 Senior Grade II. Additional District Judges 3.91 The Governor has power to increase the cadre by the creation of additional permanent or temporary posts. The post of Registrar is filled up by the Chief Justice preferably from Grade 1 or Grade 11 of the Service. Other posts in the cadre are filled up by the Governor in consultation with the High Court. On August 16, 1954, Shri ....

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.... High Court, continued to hold the office of an Additional District Judge. The High Court was in error in thinking that in order to satisfy the conditions of s. 7A(3)(aa), Shri Dutta should have actually worked as an Additional District Judge for a period of not less than three years. For over three years Shri Dutta held the post of an Additional District Judge. Consequently, during this period he had been an Additional District Judge as required by s. 7A(3)(aa). To satisfy the requirements of s. 7A(3)(aa) it was not necessary that he must have actually worked as an Additional District Judge for this period. The appointment of Shri Dutta as the Presiding Officer of the Industrial Tribunal was made without consultation with the High Court....