Judgment :- 1. The petitioner is the Musaliar Industries (Private) Ltd., Quilon. The 1st respondent is the Industrial Tribunal, Trivandrum, the 2nd, the State of Kerala, and the 3rd, the A.T. K. M. Employees' Association, Quilon. 2. By Ext. P-3 dated 29-11-1955 an industrial dispute between Messers. A. T. K. M. & Sons Ltd., Quilon, and the employees of the company represented by the A. T. K. M. Employees, Association, Quilon, was referred for adjudication to the Industrial Tribunal, Trivandrum. By Ext. P-I dated 16-9-1957 the Government of Kerala ordered as follows: "Whereas under Order No. L2-23908/55/DD dated 29-11-1955 (Ext. p-3) the Government have referred the Industrial Dispute between the management of Messrs. A. T. K. M. and Sons Ltd., Quilon and the employees of the company represented by the A. T. K. M. Employees' Association, Quilon to the Industrial Tribunal, Trivandrum. And whereas the Government are of opinion that the said dispute is of such a nature that the establishment mentioned in the annexure to this order are likely to be interested in or affected by the said dispute. Now therefore in exercise of powers conferred by S.10 (1) (d) and S.10 (b) of the Industrial Disputes Act 1947 (Central Act XIV of 1947) the Government of Kerala hereby include in the said order of reference the establishment mentioned in the annexure to this notification and amend the said order by adding the establishments mentioned in annexure to this notification. ANNEXURE. 1. Messrs. Musaliar Industries (Private) Ltd. Quilon." 3. The reference to S.10(b) of the Industrial Disputes Act, 1947, in Para.3 of Ext. P-I was a mistake for S.10 (5), and the mistake was corrected by Ext. P-2 dated 17-9-1957. 4. The Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, came into force on 10-3-1957. S.4 of that Act introduced S.7A into the Industrial Disputes Act, 1947: "(1) The appropriate Government may, by notification in the Official Gazette, constitute 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. S.4 of that Act introduced S.7A into the Industrial Disputes Act, 1947: "(1) The appropriate Government may, by notification in the Official Gazette, constitute 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. (2) A Tribunal shall consist of one person only to be appointed by the appropriate Government; (3) A person shall not 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 the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act. 1950, (48 of 1950) or of any Tribunal for a period of not less than two years. (4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it" and S.30 of that Act provided: "If, immediately before the commencement of this Act, there is pending any proceeding in relation to an industrial dispute before a Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947) as in force before such commencement, the dispute may be adjudicated and the proceeding disposed of by that Tribunal after such commencement, as if this Act had not been passed". 5. It is common ground that Mr. K. Purushothaman Nair to whom the reference for adjudication was made by Ext P-3 is not a person who can be considered as qualified under sub-section (3) of S.7A of the Industrial Disputes Act, 1947. The contention of the petitioner is that even though S.30 of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, would have enabled him to adjudicate the dispute referred by Ext. P-3, it will not enable him to deal with that reference as modified by Ext. P-I, and Ext. P 2, as both Exts. P-I and P-2 are of dates subsequent to 10-3-1957, the date on which the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, came into force. 6. The contention of the petitioner is stated as follows in the affidavit in support of the petition: 'Sri K. Purushothaman air who now fills the office of the Tribunal constituted under the original Act is not qualified to be the Tribunal as enjoined by the new S.7A. 6. The contention of the petitioner is stated as follows in the affidavit in support of the petition: 'Sri K. Purushothaman air who now fills the office of the Tribunal constituted under the original Act is not qualified to be the Tribunal as enjoined by the new S.7A. Hence the first respondent cannot be taken to be an Industrial 'Tribunal as contemplated by the Industrial Disputes Act as amended. Therefore Ext. P-I read with P-2 is void and inoperative as it is a reference to a Tribunal which is non-existent in the eye of law. (paragraph 6) It is true that under S.30 of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, XXXVI of 1956, if immediately before the commencement of the Act, there is pending any proceeding in relation to an Industrial dispute before a Tribunal constituted under the Act as in force before the commencement of the new Act, that dispute may be adjudicated and that proceeding disposed of by that Tribunal as if the amending Act has not been passed. But this saving provision does not empower the Government to add to the pending proceeding disputes between new establishments and their employees as is sought to be done under Ext. P-1 real With P-2 notification dated 16-9-1957". (paragraph 7) 7. Whatever might have been the force of this contention it now stands negatived by the Industrial Disputes (Amendment) Act, 1957, which amended S.2 (r) of the Industrial Disputes Act, 1947. S.2 (r) of the Industrial Disputes Act, 1947, was in the following terms: "Tribunal" means an Industrial Tribunal constituted under this Act". By S. '2 of the Industrial Disputes (Amendment) Act, 1957, the following definition was substituted: "Tribunal' means an Industrial Tribunal constituted under S.7-A and includes an, Industrial Tribunal constituted before the 10th day of March, 1957, under this Act". The Tribunal in this case having been constituted prior to the 10th March 1957, such constitution, it is clear cannot be assailed in view of the new definition on the ground that the presiding officer has not the requisite qualification under S.7-A of the Industrial Disputes Act, 1947. 8. It follows that the contention of the petitioner that Sri K. Purushothaman Nair is not competent to adjudicate the reference made by Ext. P-3 as modified by Exts. P-I and P-2 cannot be sustained and that this petition has to be dismissed. Judgment accordingly. 9. 8. It follows that the contention of the petitioner that Sri K. Purushothaman Nair is not competent to adjudicate the reference made by Ext. P-3 as modified by Exts. P-I and P-2 cannot be sustained and that this petition has to be dismissed. Judgment accordingly. 9. The petitioner will pay the costs of the respondents, advocate's fee Rs. 100 to respondents 1 and 2 together and a like amount to the 3rd respondent. Dismissed.