On 1st July 1940 he was vested with, power of a third class Magistrate.
The Company appealed against the judgment of B. C. Mitra J. Sinha C.J. and A. K. Mookerjee J. dismissed the appeal, January 5, 1967 but , ranted a certificate and this appeal is the result.
He was companyfirmed in the post of a Sub Deputy Collector on 23rd January, 1941.
The case of Hanuman Foundries as decided by the Full Bench was followed in the present writ petition by B. C. Mitra J. on June 6, 1966 and the writ petition was dismissed.
The numberification read In exercise of power companyferred by Sub sections 2 and 3 of S.T. of the Industrial Disputes Act 1947 read with S. 7C of the said Act, the Governor is pleased to appoint Hem Ranjan Deb who is an independent person and has number attained the age of 65 years and has held a judicial office in India for number less than 7 years to be the Presiding Officer of the Second Labour Court companystituted under the Government of West Bengals numberification No.
Sachin Chaudhuri, J. K. Ghosh and D. N. Gupta, for the appellant.
During the companyrse of the appeal an application was filed by the Company stating that the Tribunal presided over by Mr. H. R. Deb was number qualified in law to adjudicate upon the dispute inasmuch as the appointment of Mr. Deb was in violation of the provisions of S. 7 3 d of the Industrial Disputes Act, 1947.
Appeal from the judgment and order dated January 5, 1967 of the Calcutta High Court in Appeal from Original Order No.
647 of1967.
1727 IR IR/3A 1/58 dated 26th April 1958 vide Shri Probodh Chandra Maitra Calcutta Gazettee, 6th August 1959 .
The matter was then referred to Sinha J. as he, then was who held that a Mr. Deb had number held judicial office for 7 years prior to his appointment b that s. 7 3 d of the Industrial Disputes Act was mandatory c a writ of quo warranto must therefore issue, against him d that the de facto doctrine applied and c proceedings for a writ of certiorari was companylateral and, therefore, number available to quash the award of Mr. Deb.
The amendment was effected on August 5, 1964.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On September 3, 1964 the Divisional Bench in Hanuman Foundries case delivered judgment.
226 of the Constitution of India filed in the High Court at Calcutta by the appellant, the Statesman Private Ltd. This companypany prints and publishes daily and weekly newspapers and undertakes general printing work at Calcutta.
Sen, G. S. Chatterjee for P. K. Bose, for respondent No.
On June 16, 1964 by another affidavit the particulars of the services of Mr. Deb were stated to show that Mr. Deb had number held a judicial office in India for number less than 7 years and as this was a companydition precedent his appointment was illegal and the award made by him was a nullity.
By that writ petition the Company asked for a writ of certiorari against the Second Labour Court, West Bengal with a view to quashing an award, 21 September 1960, reinstating one Sheikh Kaloo, one of its employees.
The Company had dismissed the said Kaloo after holding an inquiry but the Second Labour Court ordered his reinstatement with half wages for the period of his forced unemployment.
The Company stated that this was, so held in another matter Matter No.
The appeal was heard and allowed and the order of B. N. Banerjee J. was set aside but liberty was given to the Company, on terms as to companyts, to amend the original petition and the learned Judge was directed to hear and determine the amended petition.
C. Mazumdar and A. K. Mitter, for respondent No.
1.34 of 1966.
120/1961 decided on July 28, 1965 between Shree Hanuman Foundries v. H. R. Deb and others.
The Judgment of the Court was delivered by Hidayatullah, C.J. This appeal on certificate arises from a petition under Art.
The workmen who had sponsored the case of Kaloo appealed in the High Court.
The writ petition was heard by B. N. Banerjee J. and by his order, 15 February, 1962, the petition was granted and the order of the Tribunal was quashed.
3422 IR IR 3A 9/59.
On 1st July 1950 the said Hem Ranjan Deb was vested with Powers of a Second class Magistrate and on 1st April 1951 he was vested with powers of a First Class Magistrate On July 27, 1959 Mr. Deb was appointed the presiding officer of the Second Labour Court by Notification No.
