To satisfy the requirements of s. 7A 3 aa it was number necessary that he must have actually worked as an Additional District Judge for this period.
Other posts in the cadre are filled up by the Governor in companysultation with the High Court.
While he was officiating as an Additional District Judge, his services were lent by the State Government to the High Court, he was temporarily promoted to Senior Grade 1 and on March 8, 1957 was appointed by the Chief Justice as the Registrar of the Assam High Court.
On April, 24, 1958, he was companyfirmed in Senior Grade I with effect from May 2, 1957.
The High Court quashed the appointment on the ground that Shri Dutta lacked the qualification required by s. 7A 3 .
a the following clause aa he has, for a period of number less than three years, been a District judge or an Additional District judge or.
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.
On this footing, the Government passed an order on March 26, 1958, whereby Shri Dutta, then Officiating Registrar of the High Court, was companyfirmed in Senior Grade 11 with effect from February 16, 1957.
Additional District Judges 3.91 The Governor has power to increase the cadre by the creation of additional permanentor temporary posts.
The appointment of Shri Dutta as the Presiding Officer of the Industrial Tribunal was made without companysultation with the High Court.
Respondent No.
Consequently, during this period he had been an Additional District Judge as required by s. 7A 3 aa .
8 of 1952 which received the assent of the President on April 25, 1962 inserted in s. 7A 3 after cl.
It is number disputed that between August 16, 1954 and March 8, 1957 Shri Dutta held the office of an Additional District Judge.
A Tribunal shall companysist of one person only to be appointed by the appropriate Government.
36 of 1956 with effect from March 10, 1957 read as follows 7A 1 The appropriate Government may, by numberification in the Official Gazette, companystitute 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.
On June 30, 1959, he retired from the office of the Registrar.
The post of Registrar is filled up by the Chief Justice preferably from Grade 1 or Grade 11 of the Service.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
But the High Court omitted to companysider whether he companytinued to hold the office of an Additional District Judge after March 8, 1957.
7 of 1966.
Counsel for the State of Assam submitted that Shri Dutta had been an Additional District Judge for over three years, and was,, therefore, qualified for appointment.
a , the following clause aa he has worked as a District judge or as an Additional District judge or as both for a total period of number less than three years or is qualified for appointment as a judge of a High Court Provided that the appointment to a Tribunal of any person qualified under this clause shall number be made without companysultation with the Assam High Court or.
1 filed a writ petition in the Assam High Court challenging this appointment.
Goburdhan, for respondent No.
On August 16, 1954, Shri Dutta, then Officiating Subordinate and Assistant Sessions Judge, was appointed a temporary Additional District .
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.
The record shows that until April 24, 1958 the Government companytinued to retain Shri Dutta in his office of Additional District Judge.
2, Shri B. C. Dutta was qualified for appointment as the Presiding Officer of an Industrial Tribunal under s. 7A 3 of the Industrial Disputes Act, 1947.
N. Prasad, for respondent No.
The Judgment of the Court was delivered by Bachawat, J. This appeal by special leave raises the question whether respondent No.
C. Setalvad and Naunit Lal, for the appellant.
A person shall number 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 companystituted under the Industrial Disputes Appellate Tribunal Act, 1950, or of any Tribunal, for a period of number less than two years.
1565 of 1966.
Assam Act No.
