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september 1966

Supreme Court of India · 1966-09-23

STATE OF ASSAM vs HORIZON UNION & ANR

Citation / case number
SC 1966/60244
Court
Supreme Court of India
Petitioner
STATE OF ASSAM
Respondent
HORIZON UNION & ANR
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that the second respondent was qualified for appointment as the Presiding Officer of an Industrial Tribunal under Section 7A(3)(aa) of the Industrial Disputes Act, 1947, despite not having worked as an Additional District Judge for the full three years, as his officiating role as Registrar of the High Court satisfied the requirement. The Court clarified that the Central Act's provisions prevail over the Assam Amendment, which requires consultation with the High Court for such appointments. The Court also determined that a Labour Court does not qualify as a Tribunal under Section 7A(3)(b). The appointment was upheld, and the High Court's order was quashed.

STATE OF ASSAM vs HORIZON UNION & ANR · Niyam