THE UNITED COMMERCIAL BANK LTD. vs THEIR WORKMEN(and other cases)UNION OF INDIA--Intervener.

The Supreme Court held that under Section 8 of the Industrial Disputes Act, 1947, a vacancy arises when a member of a tribunal is unavailable, necessitating a government notification to fill the vacancy. The Court ruled that awards made by the remaining two members during the absence of the third member were void due to lack of jurisdiction, as a tribunal of two is not the same as a tribunal of three. The Court emphasized that the defect was one of jurisdiction, not merely an irregularity, and could not be cured by acquiescence or estoppel.