Supreme Court of India · 1968-04-02
STATESMAN (PRIVATE) LTD. vs H. R. DEB & ORS.
- Citation / case number
- SC 1967/58
- Court
- Supreme Court of India
- Petitioner
- STATESMAN (PRIVATE) LTD.
- Respondent
- H. R. DEB & ORS.
- Author
- HIDAYATULLAH, M. (),RAMASWAMI, V.,VAIDYIALINGAM, C.A.,HEGDE, K.S.,GROVER, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),RAMASWAMI, V.,VAIDYIALINGAM, C.A.,HEGDE, K.S.,GROVER, A.N.
Judgment text excerpt
The Supreme Court interpreted Section 7(3)(d) of the Industrial Disputes Act, 1947, affirming that a Magistrate qualifies as holding a 'judicial office' despite performing non-judicial duties. The Court held that the first respondent, having served as a Sub-Deputy Collector with magisterial powers for over seven years, was eligible for appointment as the presiding officer of a Labour Court. The Court emphasized that the nature of the office and the primary judicial functions performed by the Magistrate justified the appointment, and the High Court should exercise caution in quo warranto proceedings unless clear legal infringement is evident.