(IN) O P Malhotra: The Law of Industrial Disputes, 7e 2015 ‘0 P Malhotra: The Law of Industrial Disputes, 7e 20 2015 > Volume 1 > CHAPTER I Preliminary > OP Malhotra: The Law of Industrial Disputes, 7e The Industrial Disputes Act, 1947 (Act 14 of 1947) ‘CHAPTER I Preliminary }. 2. Definitions. — ‘The body to which the man: union, whether it jement of the affairs of a trade union is entrusted is the “executive in relation to that trade called as an ‘executive’ or by any other name. This definition is relevant in the context of s 36(1) of the ‘Act, forthe purpose of representation of the workmen, ise (h): FEDERAL RAILWAY. Federal Railway (Clause (h), which defined “federal railway’, was deleted by the Adaptation of Laws Orders 1950. Clause (i): INDEPENDENT ‘This clause is based on § 2(d) of the repealed Trade Disputes Act 1929. The proviso was added by s 2 of the Industrial Disputes (Amendment) Act 1952. ‘For the purpose of his appointment” as the chairman or a member of a board, court or tribunal, a person must be unconnected with (i) ‘The industrial dispute referred to it oF (Gi) Any industry dizetly affected by such dispute ‘This clause was clumsily drafied. The wards “Tor the purpose of his appointment” indicate that the chairman or other member of a board, court of tribunal, should be unconnected with ‘the industrial dispute’ referred to such board, court or tribunal or with ‘any industry to be affected by such dispute’, atthe time of his appointment. The qualification of bei ‘independent person’ is prescribed by s 7C. for being appointed to, or to continue in the office of the presiding officer of labour court tribunal or national tribunal. Th ion of the legislavure seems to be that a person who is connected With an ‘industrial dispute’ or with any industry directly affected by such dispute, should not deal with or adjudicate upon such a dispute as chairman, a member ar a presiding officer of a board, court of inquiry, labour cour, tribunal ar national tribunal, to whom such a dispute is referred. This intention has handly been brought out by the language of this clause. To bbe appointed to or to continue in an office is one thing and 10 investigate, inquire into or adjudicate upon a particular dispute is altogether a different one. Then the definition in this clause does not refer to a labaur court and the national tribunal. Further, this clause as well as s 7C do not refer to concii jon officers, who also need be independent persons, in as much as the chairman or a member of a board is required to be an “independent person’. This definition as well as s 7C require recasting, clearly brin ut the intention of the legislature. Proviso