judgement:
Appeals Nos. 103 & 105 of 1956.
Appeal from the judgment and order dated January 24, 1955, of the Bombay High Court in Special Civil Application No. 2546 of 1954.
123 N. A. Palkiwala and J. B. Dadachanji, section N. Andley and Rameshwvar Nath, for appellants in Civil Appeal No. 103 of 1956 M. C. Setalvad, Attorney General for India, C. K. Daphtary, Solicitor General for India, Porus A. Mehta and R. H. Dhebar, for respondents.
section M. Bose, Advocate General of West of Bengal,N. A. Palkiwala, J. B. Dadachanji, section N. Andley and Rameshwar Nath, for the appellant in Civil Appeal No. 105 of 1956.
Rajini Patel, M. V. Jayakar and I. N. Shroff, for respondent No. 1.
Porus A. Mehta and R. H. Dhebar, for respondents Nos. 4 & 5.
November 27.
The Judgment of the Court was delivered by section K. DAS J.
These two appeals, brought on certificates granted by the High Court of Bombay, raise common questions of law and for that reason, have been heard together.
This judgment will govern them both.
CIVIL APPEAL No. 105 OF 1956.
In Civil Appeal No. 105 of 1956 the main appellant is the Barsi Light Railway Company Limited, Kurduwadi, within the State of Bombay (hereinafter called the Railway Company).
The principal respondent is the President of the Barsi Light Railwaymen 's Union, respondent No. I to the appeal.
The General Manager, Central Railway, Bombay, and the Secretary, Railway Board, New Delhi, are respondents Nos. 4 and 5.
The facts, so far as they are relevant for our purpose, are these.
Under an agreement dated August 1, 1895, between the Secretary of State for India in Council and the Railway Company, the latter constructed, maintained and worked a light railway between Barsi Town and Barsi Road Station on the railway system, known then as the Great Indian Peninsular Railway.
It is not necessary to state here the various clauses of the aforesaid indenture of agreement except to mention 124 that it contained a clause under which the Secretary of State could purchase and take over the undertaking after giving the Railway Company not less than twelve calendar months ' notice in writing of the intention so to do.
On December 19, 1952, a notice was given to the Railway Company, for and on behalf of the President of India, by the Director of the Railway Board to the effect that the undertaking of the Railway Company would be purchased and taken over as from January 1, 1954.
The notice stated inter alia: "The President of India hereby gives this notice to the Company of the determination of the original contract of the 1st day of August, 1895, and the contract of the 26th day of August, 1902, between the Secretary of State in Council and the Barsi Light Railway Company Ltd., and of all the contracts supplemental thereto, at the expiration of 12 calendar months next after the current month and the contracts shall terminate accordingly on the expiration of 12 calendar months next after the current month and the President of India will on the 1st day of January, 1954, purchase and take over the entire railway system of the Company including all the extension and,all the railways together with all its rolling stock, machinery, equipments buildings and property etc., and together with all other things, stores and fixtures etc.
, as specified and in the manner provided in clause 43 of the Indenture of the 1st August, 1895, and in clause 63 of the Indenture of the 26th August, 1902.
" On November 11, 1953, the Railway Company served a notice on its workmen intimating that as a result of the Government of India 's decision to terminate the contract of the Railway Company and take over the railway from January 1, 1954, the services of all the workmen of the Railway Company would be terminated with effect from the afternoon of December 31, 1953.
The notice further stated that the Government of India intended to employ such of the staff of the Company as would be willing to serve on the railway on terms and conditions which were to be notified later.
On December 15, 1953, the Railway Board intimated the terms and conditions 125 on which the staff of the Railway Company would be taken over and employed by Government.
The letter by which the terms and conditions were communicated enclosed three forms one for clerical and like categories, a second for categories of staff needing training or refresher course, and a third for workshop staff and other tradesmen requiring trade testing.
In substance, the new terms and conditions as embodied in the letter and the three forms stated that the service of the staff employed by Government would be treated as continuous for certain specific purposes only, such as, contribution to provident fund, leave, passes and privilege ticket orders, educational and medical facilities etc.
It was made clear, however, that the Government Railway rules applicable to other staff appointed on the same day would be applicable to the 'staff of the Railway Company, and previous service under the Railway Company would not count for the purpose of seniority.
It appears from the statement of respondents 4 and 5 that when the undertaking was actually taken over on January 1, 1954, about 77 per cent.
of the staff of the Railway Company were re employed on the same scales of pay, about 23 per cent.
were re employed on somewhat lower scales of pay though the pay which they actually drew at the time of re employment was not affected; only about 24 of the former employees of the Railway Company declined service under the Government.
Soon after, respondent No. I filed some sixty one applications on behalf of the erstwhile workmen of the Railway Company under section 15 of the , for payment of retrenchment compensation to the said workmen under cl.
(b) of a. 25F of the (hereinafter called the Act).
The applications were made to respondent No. 3, Civil Judge (Junior Division) Madha, who was the relevant authority under the .
These applications were contested by the present appellants and several issues were framed.
Three of the issues were (1) whether the authority under the 126 , had jurisdiction to deal with and adjudicate on the claim of retrenchment compensation; (2) whether the erstwhile workmen were entitled to claim compensation under clause (b) of a. 25F of the Act ; and (3) whether they had been retrenched ' by their former employer, the present appellants, on December 31, 1953, within the meaning of the expression 'retrenchment ' in the Act.
The Civil Judge of Madha found against the workmen on issue No. I but in their favour on the other two issues.
By consent of parties, the aforesaid findings given on one of the applications (Miscellaneous Application No. 27 of 1954) governed the other applications also, and the applications were dismissed as a result of the finding on the question of jurisdiction.
Respondent No. I then moved the High Court of Bombay in Civil Application No. 2546 of 1954 and prayed for writs or appropriate directions under the provisions of articles 226 and 227 of the Constitution, for quashing the order of dismissal passed by respondent No. 3, the Civil Judge of Madha, and directing the latter to dispose of the applications before him on merits.
In the High Court the question of jurisdiction of the authority under the , was not argued, because learned counsel for the Railway Company rightly pointed out that assuming that the said authority had jurisdiction to deal with the claim of the workmen, the controversy between the parties would not come to an end by a decision on the question of jurisdiction only; because the Railway Company still contended that the workmen had not been 'retrenched ' within the meaning of the Act and were not entitled to claim compensation under al.
(b) of section 25F.
Thereupon, both parties agreed in the High Court that Civil Application No. 2546 of 1954 should not be restricted to the question of jurisdiction but should be decided on merits; that is, on the validity or otherwise of the claim of the erstwhile workmen to compensation under cl.
(b) of section 25F on the termination of their services by the Railway Company on December 31, 1953.
Learned counsel for the Railway Company agreed and undertook on behalf of 127 his client to accept whatever finding was given by the High Court on merits, subject to an appeal to this Court.
The High Court (Chagla C. J. and Dixit J.) held by its judgment and order dated January 24, 1955, that the workmen were entitled to claim compensation under clause (b) of section 25F of the Act and the Railway Company was liable to pay such compensation to them.
It is from that decision that Civil Appeal No. 105 of 1956 has been brought.
CIVIL APPEAL No. 103 OF 1956.
The facts in this appeal are somewhat different.
The main appellant is Shri Dinesh Mills Ltd., Baroda, and the principal respondent is the District Labour Officer and Inspector under the , at Baroda.
The appellant Company was running a woollen mill at Baroda for several years and had in its employ at the relevant time 450 workmen and 20 clerks.
The work was done in shifts, day and night.
On or about October 31, 1953, the appellant put up a notice declaring its intention to close down the entire mills from December 1, 1953.
On November 19,1953, this notice was withdrawn and another notice was put up declaring the intention of the appellant to close down the second shift with effect from December 20, 1953.
A third notice was put up saying that the second shift would be closed on December 20, 1953, as notified earlier, and the first shift would be closed as from January 8, 1954.
A similar notice was put up on the same date terminating the services of the clerks with effect from January 19,1954.
It was not disput ed that though the steps in the process of closure of the business of the appellant Company were staggered,.
the process was really one, and as a result of the closure the services of all 450 workmen and 20 clerks were terminated.
The appellant Company claimed that the closure of its business was bona fide, being due to heavy losses sustained by the Company.
On April 27, 1954, the principal respondent made an application to the relevant authority (respondent No. 3) under the , claiming retrenchment compensation for the workmen of the 128 appellant under el.
(b) of section 25F of the Act.
The application was contested by the appellant Company, and here again the same questions of jurisdiction of the authority under the , to deal with the claim and the maintainability of the claim under el.
(b) of is.
25F of the Act arose for decision.
The authority under the decided against the erstwhile workmen on all the important issues.
The respondent then moved the High Court of Bombay for appropriate writs or directions, and the High court (Bavdekar and Shah JJ.) held that the authority under the , bad jurisdiction to deal with the claim of retrenchment compensation; on the merits of the claim, the learned Judges felt bound to accept the decision of the Bench (Chagla C. J. and Dixit J.) in the case of the Railway Company.
Accordingly, the order of respondent No. 3 was set aside and he was directed to dispose of the application before him in accordance with law.
Civil Appeal No. 103 of 1956 is from the aforesaid decision of the High Court dated July 25, 1955.
It should be apparent from the facts stated above, though they are a little different with regard to the two appeals before us, that a common question "of law emerges therefrom, namely, whether the claim of the erstwhile workmen both of the Railway Company and of Shri Dinesh Mills Limited to compensation under cl.
(b) of section 25F of the Act is a valid claim in law.
The second question, that of jurisdiction of the authority under the , is not a live question in Civil Appeal No. 105 of 1956 after the agreement of parties in the High Court.
It does arise, however, in Civil Appeal No. 103 of 1956.
But learned counsel for the appellants in that appeal has been ingenuous enough to state that he does not wish to take our time by addressing us on that question not because he considers that the question of jurisdiction is devoid of all merit, but by reason of the fact that under the provisions of section 25 1 of the Act the claim for retrenchment compensation, if found to be legally valid, can still be enforced against the 129 appellants.
Section 19 of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, purports to repeal section 25 I of the principal Act, but that section has not yet been brought into force with the result that the provisions of section 25 I are still available for the recovery of retrenchment compensation.
Learned counsel has, therefore, submitted before us that these appellants will be content to abide by our decision on the principal question in these two appeals, namely, the validity or otherwise of the claim for retrenchment compensation under cl.
(b) of section 25F of the Act.
The Act which has been in force since April 1, 1947, has bad a plexus of amendments, and some of the recent amendments have been quite extensive in nature.
Section 25F occurs in Ch.
VA of the Act; that chapter dealing with 'lay off and retrenchment ' was inserted by an amending Act (Act XLIII of 1953) in 1953.
Section 25F is in these terms: "No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until (a)the workman has been given one month 's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice: Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for the termination of service; (b)the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days ' average pay for every completed year of service or any part thereof in excess of six months; and (c)notice in the prescribed manner is served on the appropriate Government." In the first part of the provisions of the section, the word used is ' retrenched ' and in cls.
(a) and (b) the word used is 'retrenchment '.
Obviously, they have 17 130 the same meaning, the only difference being that in the first part the word used is a verb and in the clauses the word is used as a noun.
It is obvious that to appreciate the true scope and effect of section 25F, we must first understand what is meant by the expression ' retrenched ' or 'retrenchment '.
By the same amending Act of 1953 a new definition was added to the definitions in section 2, being a definition of the word ' retrenchment ' in el.
(oo) of section 2.
The definition is in these terms: Section 2(oo) " retrenchment ' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains astipulation in that behalf; or (c)termination of the service of a workman on the groundof continued ill health.
" Leaving out the excluding sub cls.
(a), (b) and (c) for the time being these sub clauses not being directly applicable to the cases under our consideration the definition when analysed consists of the following four essential requirements (a) termination of the service of a workman; (b) by the employer; (c) for any reason whatsoever; and (d)otherwise than as a punishment inflicted by way of disciplinary action.
It must be conceded that the definition is in very wide terms.
The question, however, before us is does this definition merely give effect to the ordinary, accepted notion of retrenchment in an existing or running industry by embodying the notion in apt and readily intelligible words or does it go so far beyond the accepted notion of retrenchment as to include the termination of services of all workmen in an industry when the industry itself ceases to exist on a bona fide closure or discontinuance of his business by the employer 9 Learned counsel for the appellants contend that the 131 first gives the correct meaning of the definition, while learned counsel for the principal respondents urge that by reason of the wide words used in the definition, the second gives the correct meaning of the expression retrenchment '.
There is no doubt that when the Act itself provides a dictionary for the words used, we must look into that dictionary first for an interpretation of the words used in the statute.
We are not concerned with any presumed intention of the legislature; our task is to get at the intention as expressed in the statute.
Therefore, we propose first to examine the language of the definition and see if the ordinary, accepted notion of retrenchment fits in, squarely and fairly, with the language used.
What is the ordinary, accepted notion of retrenchment in an industry ? We have had occasion to consider this question in Pipraich Sugar Mills Ltd.v.
Pipraich Sugar Mills Mazdoor Union (1) where we observed:"But retrenchment connotes in its ordinary acceptation that the business itself is being continued but that a portion of the staff or the labour force is discharged as plusage and the termination of services of all the workmen as a result of the closure of the business cannot therefore be properly described as retrenchment.
" It is true that these observations were made in connection with a case where the retrenchment took place in 1951, and we specially left open the question of the correct interpretation of the definition of 'retrenchment ' in section 2 (oo) of the Act.
But the observations do explain the meaning of retrenchment in its ordinary acceptation.
Let us now see how far that meaning fits in with the language used.
We have referred earlier to the four essential requirements of the definition, and the question is, does the ordinary meaning of retrenchment fulfil those requirements ? In our opinion, it does.
When a portion of the staff or labour force is discharged as surplusage in a continuing,; business, there are (a) termination of the service of a workman; (b) by the employer; (c) for any reason whatsoever; and (d) otherwise than as a punishment (1) , 132 inflicted by way of disciplinary action.
It has been argued that by excluding bona fide closure of business as one of the reasons for termination of the service of workmen by the employer, we are cutting down the amplitude of the expression 'for any reason whatsoever ' and reading into the definition words which do not occur there.
We agree that the adoption of the ordinary meaning gives to the expression 'for any reason whatsoever ' a somewhat narrower scope; one may say that it gets a color from the context in which the expression occurs; but we do not agree that it amounts to importing new words in the definition.
What after all is the meaning of the expression 'for any reason whatsoever '? When a portion of the staff or labour force is discharged as surplusage in a running or continuing business, the termination of service which follows may be due to a variety of reasons; e.g., for economy, rationalization in industry, installation of a new laborsaving machinery etc.
The legislature in using the expression 'for any reason whatsoever ' says in effect: "It does not matter why you are discharging the surplus; if the other requirements of the definition are fulfilled, then it is retrenchment.
" In the absence of any compelling words to indicate that the intention was even to include a bona fide closure of the whole business, it would, we think, be divorcing the expres sion altogether from its context to give it such a wide meaning as is contended for by learned counsel for the respondents.
What is being defined is retrenchment, and that is the context of the definition.
It is true that an artificial definition may include a meaning different from or in excess of the ordinary acceptation of the word which is the subject of definition; but there must then be compelling words to show that such a meaning different from or in excess of the ordinary meaning is intended.
Where, within the framework of the ordinary acceptation of the word, every single requirement of the definition clause is fulfilled, it would be wrong to take the definition as destroying the essential meaning of the word defined.
There is another way of looking at the problem.
Let us assume.
that the definition clause is so worded that 133 the requirements laid down therein are fulfilled, whether we give a restricted or a wider meaning: to that extent there is an ambiguity and the definition clause is readily capable of more than one interpretation.
What then is the position ? We must then see what light is thrown on the true view to be taken of the definition clause by other provisions of the Act or even by the aim and provisions of subsequent statutes amending the Act or dealing with the same subject matter.
In Pipraich Sugar Mills Ltd. vs Pipraich Sugar Mills Mazdoor Union (1) it was observed: "It cannot be doubted that the entire scheme of the Act assumes that there is in existence an industry, and then proceeds onto provide for various steps being taken, when a dispute arises in that industry.
Thus, the provisions of the Act relating to lock out, strike, lay off, retrenchment, conciliation and adjudication proceedings, the period during which the awards are to be in force, have meaning only if they refer to an industry which is running and not one which is closed.
" In Burn & Co., Calcutta vs Their Employees (2) this Court observed that the object of all labour legislation was firstly, to ensure fair terms to the workmen, and secondly, to prevent disputes between employers and employees so that production might not be adversely affected and the larger interests of the public might not suffer.
It was then observed in The Pipraich Sugar Mills ' case (1) (supra), " Both these objects again can have their fulfillment only in an existing and not a dead industry.
The view therefore expressed in Indian Metal and Metallurgical Corporation vs Industrial Tribunal, Madras (3) and K. M. Padmanabha Ayyar vs The State of Madras (4), that the industrial dispute to which the provisions of the Act apply is only one which arises out of an existing industry is clearly correct.
Therefore, where the business has been closed and it is either admitted or found that the closure is real and bona fide, any dispute arising with reference thereto would, as held in K. M. Padmanabha Ayyar vs The State of Madras (4), fall outside the (1) (2) ; (3) A.I.R. 1953 Madras 98.
(4) 134 purview of the .
" In view of these observations, it would be against the entire scheme of the Act to give the definition clause relating to retrenchment such a meaning as would include within the definition termination of service of all workmen by the employer when the business itself ceases to exist.
Learned counsel for the appellants in the two appeals have pointed out that the definition clause is inartistically drawn up and sub cls.
(a) and (b) of section 2 (oo) are not easily intelligible with reference to one of the essential requirements of the definition, namely, that the termination of service of the workman must be by the employer.
It has been submitted that voluntary retirement of the workmen cannot be termination of service by the employer.
We do not, however, think that sub cls.
(a), (b) and (c) are conclusive of the question before us; they, no doubt, apply to a running or continuing business only, but whether inserted by way of abundant caution or on account of excessive anxiety for clarity, they merely exclude certain categories of termination of service from the ambit of the definition.
They do not necessarily show what is to be included within the definition.
Two other cognate sections to which our attention has been drawn are sections 25G and 25H.
They are applicable, clearly enough, to a running business only.
The learned Attorney General, who has appeared for the principal respondent in one of the appeals, has pointed out that if the definition clause covers the case of termination of service in a continuing business as also termination of service on a closure of business, the circumstance that sections 25G and 25H provide for some instances of retrenchment only is no ground for holding that they exhaust all possible cases of retrenchment or that section 25F must also be restricted to a running business only.
We agree that if it is conceded that the definition clause includes cases of closure of business, no difficulty is presented by sections 25G and 25H.
But the fundamental question at issue is, does the definition clause cover cases of closure of business, when the closure is real and bona fide? The point to be emphasised in that connection is that there is no 135 provision (except perhaps section 25FF inserted in 1956 by Act XLI of 1956 to which we shall presently refer) which can be said to bring a closed or dead industry within the purview of the Act.
The provisions of the Act, almost in their entirety, deal with an existing or continuing industry.
All the provisions relating to lay off in sections 25A to 25E are also inappropriate in a dead business.
Learned counsel for the appellants have also adverted to some surprising results which would follow the wider interpretation of the definition clause.
If an employer dies and his heirs carry on the business or there is compulsory winding up of a company and the company is reconstructed or a business is converted into a limited company, or a new partner is taken into the business, there is in law a termination of service by a particular employer and a new employer appears on the scene; will the workmen in such circumstances be entitled to retrenchment compensation though they continue in service as before ? There must indeed be found very compelling reasons in the words of the statute before it can be held that such was the intention of the legislature.
We think that no such compelling reasons are available from the provisions of the Act; on the contrary, they point really one way that the Act contemplates an existing or continuing industry and not a dead industry.
This brings us to two other arguments advanced by the learned Attorney General.
One is that before the enactment of the amending Act of 1953 (Act XLIII of 1953) retrenchment had acquired a special meaning meaning which included the payment of compensation on a closure of business, and the legislature gave effect to that meaning in the definition clause and by inserting section 25F. The second argument is that section 25FF inserted in 1956 (Act XLI of 1956) is 'parliamentary exposition" of the meaning of the definition clause and of section 25F. We shall now consider these two arguments.
As to the first argument, a large number of decisions of Industrial or Lpobour Appellate Tribunals have 136 been placed before us.
The learned Attorney General has relied particularly on three decisions: The Hyderabad Vegetable Oil Products Ltd. vs Their Workers(1); Employees Of Messrs. India Reconstruction Corporation Ltd., Calcutta vs Messrs. India Reconstruction Corporation Ltd., Calcutta(") ; Kandan Textiles Ltd. vs Their Workers(3 ).
The decision in Employees of Messrs. India Reconstruction Corporation Ltd., Calcutta vs Messrs. India Reconstruction Corporation Ltd., Calcutta(2) Was considered by us in Pipraich Sugar Mills Lid.
vs Pipraich Sugar Mills Mazdoor Union(4)where we said that we were unable to accept the observation of the Tribunal that, in substance the difference between closure and normal retrenchment was one of degree only.
We are aware that in some cases Labour Appellate Tribunals awarded retrenchment compensation on closure of business, even when the closure was bona fide or justified.
We expressed our dissent from those decisions in the Pipraich Sugar Mills case(4).
When closely examined, none of those decisions show, however, that discharge of workmen on bona fide closure of business was held to fall within the meaning of normal retrenchment.
In The Hyderabad Vegetable Oil Products Ltd. vs Their Workers(1) the grounds on which compensation was allowed were (1) involuntary or forced unemployment of the workmen, (2) absence of any social security scheme like unemployment insurance and (3) financial position of the company.
On similar grounds compensation was awarded in Kandan Textiles Ltd. vs Their Workers(3) as an equitable relief, and a variety of factors were referred to as determining the appropriate relief to be given in a particular case.
We consider it unnecessary to examine all the decisions on this point, and it is enough to indicate what we consider to be the correct position in the matter.
Retrenchment means discharge of surplus workmen in an existing or continuing business; it had acquired no special meaning so as to include discharge of workmen on bona fide closure of business ' though a number of Labour Appellate Tribunals awarded compensation to (1) (1950] (3) [1954] 2 249.
(2) (4) [1956] S 872, 137 workmen on closure of business as an equitable relief for a variety of reasons.
It is reasonable to assume that in enacting section 25F, the legislature standardised the payment of compensation to workmen retrenched in the, normal or ordinary sense in an existing or Continuing industry; the legislature did away with the perplexing variety of factors for determining the appropriate relief in such cases and adopted a simple yard stick of the length of service of the retrenched workmen.
If the intention of the legislature 'was to give statutory effect to those decisions which awarded compensation on real and bona fide closure of business, the legislature would have said so instead of being content by merely adding a definition clause, every requirement of which is fulfilled by the ordinary, accepted meaning of the word 'retrenchment '.
We turn now to the second argument.
We have said that section 25FF was inserted in 1956 by amending Act XLI of 1956, which came into force on September 4,1956.
Before that date, the two decisions under appeal had been given by the Bombay High Court as also a further decision in The Hospital Mazdoor Sabha vs The State of Bombay(1) where it was held that the failure to comply with the condition for payment of compensation to an employee at the time of his retrenchment under section 25F (b) of the Act gave the employee the right to challenge his retrenchment and to contend that his services were not legally and effectively terminated.
Faced with the situation created by those decisions, the legislature stepped in and enacted section 25FF.
That section is in these terms: Notwithstanding anything contained in section 25F, no workman shall be entitled to compensation under that section by reason merely of the fact that there has been a change of employers in any case where the ownership or management of the undertaking in which he is employed is transferred whether by agreement or by operation of law, from one em ployer to another: Provided that (1) 18 138 (a)the service of the workman has not been interrupted by reason of the transfer; (b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and (c) the employer to whom the ownership or management of the undertaking is so transferred is, under the terms of the transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been inter rupted by the transfer.
" The section is not retrospective and does not in terms apply to any of the two cases before us.
But the question is what light does it throw on the meaning of section 25F? The learned Attorney General has placed great reliance on the non obstante clause with which the section begins, and has contended that it shows by necessary intendment that a workman whose service has been terminated by reason of a change of employers on account of a change of ownership or management will be entitled to retrenchment compensation under section 25F unless the conditions (a), (b) and (c) laid down in section 25FF are fulfilled.
This, according to the learned Attorney General, is parliamentary exposition of the true meaning of retrenchment in the definition clause and in section 25F.
At first sight there appears to be considerable force in this argument, and the learned Attorney General, has cited English and American decisions of high authority in support of his contention: Attorney General vs Clarkson (1) ; Ormond Investment Co. Ltd. vs Betts (2); George H. Cope vs Janet cope(3) Great Northern Railway Co. vs United States of America(4).
In considering the effect of section 25FF we must take note of the circumstances in which it was inserted in the Act.
The situation was that any transfer or closure of business and any change of (1)[1900] 1 Q.B. 156.
(2)[1928] A.C. 143.
(3)[1891] ; , 688.
(4)[1941] ; , 139 employer or management was judicially held to give rise to a claim for retrenchment compensation, with consequences which might result in a complete industrial deadlock.
The legislature could not declare the decisions to be incorrect, but could partially supersede their effect by an amendment of the law.
These were the circumstances in which section 25FF was enacted.
We agree with learned counsel for the appellants that the aim or object of the enactment was to supersede partially the effect of the aforesaid judicial decisions, at least with regard to the urgent matter of change of ownership or management of a business undertaking which is of quite frequent occurrence, rather than parliamentary exposition of the pre existing law; the general question of closure of business, of a lesser degree of urgency, was naturally left to be dealt with, if necessary, after the appeals had been disposed of.
We are fortified in this view by an examination of the provisions of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956.
Be it noted that this Act was passed on August 28, 1956, only about seven days before the enactment of section 25FF.
Section 29 of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, inserts new schedules to the Act, and item 10 of the Third Schedule (Matters within the jurisdiction of Industrial Tribunals) is: " Retrenchment of workmen and closure of establishment"; in the Fourth Schedule, item 10 is: "Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen.
" It is true that these new Schedules have not yet come into force, but the wording of the items mentioned therein shows that the legislature clearly envisaged a distinction between retrenchment and closure and retrenchment did not include closure of business; item 10 of the Fourth Schedule almost clinches the issue, because it shows how retrenchment of surplus labour may occur in a running industry.
If we are to choose between the two amending Acts of 1956 on the point of parliamentary exposition, we unhesitatingly hold that the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 140 (Act XXXVI of 1956) is more in the nature of parliamentary exposition than the Industrial Disputes (Amendment) Act, 1956 (Act XLI of 1956) which merely supersedes the effect of certain judicial decisions.
We are aware that on the narrower interpretation of the definition clause on the basis of the ordinary, accepted connotation of retrenchment,, section 25F will apply to a continuing or running business only and section 25FF will become largely unnecessary.
We do not think that consideration need cause any difficulty; the judicial decisions on the basis of which section 25FF was enacted being held to be erroneous by us, no hardship is caused if section 25FF is rendered superfluous, because its aim is served by the correct interpretation now given of the definition clause and of the provisions of section 25F, both of which are on that interpretation brought into harmony with the rest of the Act.
A few words more about the authorities relied on by the learned Attorney General: the American decisions merely enunciate the general principle that " several Acts of Congress, dealing as they do with the same subject matter, should be construed not only as expressing the intention of Congress at the dates the several Acts were passed, but the later Acts should also be regarded as legislative interpretations of the prior ones.
" This general rule is not an inflexible rule, and as stated in the Great Northern Railway Co. vs United States of America(1), "we are not limited to the lifeless words of the statute and formalistic canons of construction in our search of the intent of Congress (Parliament in our case) and in construing a statute, we may with propriety.
recur to the history of the times when it was passed.
" That history shows indubitably the aim and purpose of the enactment of section 25FF.
As Lord Atkinson pointed out in his speech in Ormond Investment Co. Limited vs Betts (2), " an Act of Parliament does not alter the law by merely betraying an erroneous opinion of it." Legislation founded on a mistaken or erroneous assumption has not the effect of making that the law which the legislature had erroneously assumed to be so.
In the cases before us, (1) ; , 273. 94 (2) , 164.
141 the legislature proceeded on the basis of the judicial decisions then available to it, and on that basis enacted s.25FF.
We do not think that the general principle of parliamentary exposition or subsequent legislation as an aid to construction of prior Acts can be called in aid for construing the definition clause and section 25F of the Act.
For 'the reasons given above, we hold, contrary to the view expressed by the Bombay High Court, that retrenchment as defined in section 2 (oo) and as used in section 25F has no wider meaning than the ordinary, accepted connotation of the word: it means the discharge of surplus labour or staff by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, and.
it has no application where the services of all workmen have been terminated by the employer on a real and bona fide closure of business as in the case of Shri Dinesh Mills Ltd. or where the services of all workmen have been terminated by the employer on the business or undertaking being taken over by another employer in circumstances like those of the Railway Company.
Mr. Mehta, appearing for respondents Nos. 4 and 5 in Civil Appeal No. 105 of 1956, tried to make a distinction between transfer of ownership with continuation of employment (which according to him did not come within the definition) and termination of service on closure of business.
There is in fact a distinction between transfer of business and closure of business; but so far as the definition clause is concerned, both stand on the same footing if they involve termination of service of the workmen by the employer for any reason whatsoever, otherwise than as a punishment by way of disciplinary action.
On our interpretation, in no case is there any retrenchment, unless there is discharge, of surplus labour or staff in a continuing or running industry.
We have so far dealt with the question of construction of the definition clause and section 25F of the Act.
On behalf of the appellants a further question as to tile constitutional validity of section 25F has been raised.
The Argument on that question has proceeded from two 142 points of view: one of which is based on the point of view that retrenchment includes termination of service on closure of business and the other even in respect of a running or continuing business.
Under article 19 (1), sub cls.
(f) and (g), of the Constitution, all citizens have the right to acquire, hold and dispose of property and to practise any profession, or to carry on any occupation, trade or business.
Under cls.
(5) and (6) of the said Article, the right is, inter alia, subject to reasonable restrictions in the interests of the general public.
The right to carry on a business, it is contended, has three facets (a) the right to start a business, (b) the right to continue a business and (c) the right to close a business.
Section 25F of the Act, it is argued, imposes a restriction on that right, if the section is so widely interpreted as to include a closure of business.
The restriction, it is submitted, is not a reasonable restriction in the interests of the general public, because (a) it is unrelated to the capacity of the employer to pay and (b) unrelated to the needs of the employee.
From the other point of view, the argument is that even in respect of a running or continuing industry, section 25F imposes an unreasonable restriction.
Reasonableness,it is submitted, has to be considered with regard to the object of the legislation and if the direct and immediate object of section 25F is relief against involuntary unemployment, then the restriction imposed is excessive, because a provision for such relief unrelated to the period of unemployment and other relevant factors is over simplification of a complex problem.
Such over simplification, it is stated, itself amounts to an unreasonable restriction.
On the construction which we have adopted of the definition clause and of section 25F of the Act, we are relieved of the task of making any final pronouncement on this constitutional question.
On our construction, section 25F has no application to a closed or dead industry and the constitutional arguments based on a different construction need not be considered in these appeals.
So far as a running or continuing industry is concerned, an obvious answer may be that unemployment relief is not the only purpose or object of s.25F. We have pointed out 143 earlier that it is reasonable to assume that standardisation of retrenchment compensation and doing away with a perplexing variety of factors for granting retrenchment compensation may well have been the purposes of a. 25F, though the basic consideration must have been the granting of unemployment relief.
However, on our view of the construction of section 25F, no compensation need be paid by the appellants in the two appeals.
It is unnecessary therefore to decide whether, in other cases of a different character, section 25F imposes a reasonable restriction or not.
In the result, we must allow the two appeals and set aside the decisions of the High Court of Bombay in the two cases.
We hold that the appellants in the two appeals are not liable to pay any compensation under section 25F of the Act to their erstwhile workmen who were not retrenched within the meaning of that expression in that section.
In the circumstances of these two cases, the parties must bear their own costs throughout.
Appeals allowed.

dataset_name: IN-Abs

summary:
The word 'retrenchment ' as defined in section 2(oo) and the word retrenched ' in section 25F of the , as amended by Act XLIII of 1953, have no wider meaning than the ordinary accepted connotation of those words and mean the discharge of surplus labour or staff by the employer for any reason whatsoever, otherwise than as a punishment inflicted by ' way of disciplinary action, and do not include termination of services of all workmen on a bona fide closure of industry or on change of ownership or management thereof.
Pipraich Sugar Mills Ltd. vs Pipraich Sugar Mills Mazdoor Union , followed.
Burn & Co., Calcutta vs Their Employees ; , referred to.
The provisions of the Act have in view an existing and continuing industry and cls.
(a), (b) and (c) of the definition only exclude certain categories of termination of service from within its ambit but do not indicate what are to be included therein.
The word 'retrenchment ' has acquired no special meaning so as to include a discharge of workmen on a bona fide closure of an industry, as a result of certain Labour Appellate Tribunals awarding compensation to workmen on such closure as an equitable relief for a variety of reasons.
The intention of the legislature in enacting section 25F of the Act appears to have been to simplify and standardise the payment of compensation for retrenchment, as ordinarily understood, on the basis of the length of service of the retrenched workman.
The Hyderabad Vegetable Oil Products Ltd. vs Their Workers , Employees of Messrs. India Reconstruction Corporation and Kandan Textiles Ltd. vs Their Workers , considered.
Section 25FF, which was inserted into the Act by the amending Act of 1956, is not retrospective and does not apply to the instant 16 122 cases, and the object the legislature had in view in enacting the same was to partially nullify the effect of certain judicial decisions relating to the effect of a change of ownership or management and it was not intended to be a parliamentary exposition of the pre existing law.
The language of item Io of the third and fourth schedules, engrafted into the Act by section 29 Of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, indicates that the legislature envisaged a distinction between retrenchment and closure and the former does not include the latter.
Although on such construction, section 25F applies only to an existing industry and section 25FF becomes largely redundant, no question of any hardship arises as the judicial decisions on the basis of which section 25FF was enacted were themselves incorrect and must be overruled.
In construing a parliamentary statute the time when and the circumstances in which it was enacted may be taken into consideration and the general principle of parliamentary exposition or subsequent legislation as an aid to construction of prior legislation, can have no application where the subsequent statute itself was based on incorrect assumptions and judicial decisions based on such assumptions.
Great Northern Railway vs United States of America, 315 U.S. 262 and Ormond Investment Co. Limited vs Betts [1928] A.C. 143, referred to.
If the other conditions of the definition clause are fulfilled, the transfer of ownership or management of an industry and its closure stand on the same footing so far as the definition clause is concerned, notwithstanding that there is a distinction in fact between the two; there is, however, no retrenchment within the meaning of the definition clause unless there is a discharge of surplus labour or staff by the employer in a continuing industry, for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action.
Consequently, in the instant cases, where in one the services of all the workmen were terminated by the employer on a real and bona fide closure of the industry and in the other on a change of ownership, such termination did not amount to retrenchment within the meaning Of section 2(00) or section 25F of the Act and the appellants were not bound to pay any compensation under cl.
(b) Of section 25F of the Act.


judgement:
Civil Appeals Nos.
3759 3761 of 1982.
From the judgment and order dated the 26th June, 1980 of the High Court of Bombay in S.C. Application No. 752/75, 951 and 953 of 1975.
P.H. Parekh, M.A. Ram and Hemant Sharma for the Petitioners V.N. Ganpule for the Respondents.
The Judgment of the Court was delivered by VENEATARAMIAH, J.
The Short question involved in these appeals by special leave is whether the transferees during the pendency of a suit for partition of parts of an estate assessed to payment of land revenue to the Government which is the subject matter of the suit have locus standi to appear before the Revenue authorities in proceedings under section 54 of the Code of Civil Procedure and ask for an equitable partition of the lands even though they had not been impleaded as parties to the suit in the civil court.
Natu had filed a suit in the year 1940 against his nephew Laxman for partition of their joint family property and for separate possession of his half share in it and had obtained a decree for it.
Natu and his four sons Shrawan, Nago, Digambar and Vithal assigned on August 22, 1945 3/8th share in the decree obtained by them in favour of Prem Chand Patil.
Prem Chand Patil filed Special Civil Suit No. 67 of 1950 on the file of the Civil Judge, Senior Division, Jalgaon for partition of his 3/8th share in the decree.
In that suit, a decree was passed on compromise.
The said decree provided that if the sons of Natu paid Rs. 30,000 on or before March 1, 1958 then the decree holder would not be entitled to claim any partition and in default he should get possession of the share claimed by him.
The sons of Natu failed to pay the amount of Rs. 30,000 as per decree and the result was that Prem Chand Patil became entitled to partition and separate possession of his share, 901 Prem Chand Patil, however, assigned his rights under the decree in favour of Vishnu Hari Patil, respondent No. 1 herein who started execution proceedings.
Though the said proceedings were styled as execution proceedings, they were strictly final decree proceedings under section 54 of the Code of Civil Procedure under which the lands in respect of which assessment was payable to the Government had to be divided by the Collector and the parties had to be put in possession of their respective shares.
The total area of the lands to be divided was in the order of 108 acres in which Vishnu Hari Patil had 3/8th share and the remaining land had to be allotted to the share of the sons of Natu.
It should be stated here that five fields out of the lands which were to be divided by the Collector had been sold to the appellants during the pendency of the partition suit.
Four of the said fields had been sold under private sales and one field in a court auction and they were in possession of the respective purchasers during the partition proceedings under section 54 of the Code of Civil Procedure.
The appellants had acquired title to the said fields from the sons of Natu who were parties to the suit.
The said fields were allotted by the Collector in favour of Vishnu Hari Patil as part of his 3/8th share without giving any consideration to the claims of the appellants for an equitable partition.
The remaining 5/8th share was allotted in favour of the sons of Natu who had no objection to the partition effected by the Collector.
The appellants challenged the validity of the partition proceedings in appeal before the Commissioner, Bombay.
The appeals were dismissed on the ground that the appellants had no locus standi to ask for an equitable allotment under section 54 of the Code of Civil Procedure as their names did not figure in the decree.
The appeals filed by the appellants before the State Government against the orders of the Commissioner were also dismissed.
The appellants, thereafter filed petitions before the High Court of Bombay under Article 226 of the Constitution questioning the correctness of the partition.
Those petitions were also dismissed.
These appeals are filed against the judgment of the High Court.
There is no dispute that each of the appellants had acquired certain rights under the sale deeds and the court auction referred to above and were in possession of certain parts of the estate which was to be partitioned under section 54 of the Code of Civil Procedure.
It is also true that their names had not been mentioned 902 in the decree which was sent for execution to the Collector.
The appellants do not also dispute that they being purchasers pendente lite are bound by the proceedings in the suit by virtue of the provisions of section 52 of the Transfer of Property Act.
The only prayer made by them is that since the sales in their favour were not in dispute and as they had acquired title under the parties to the suit and were also in possession of the fields in question the Collector should have considered their prayer for an equitable partition of the estate and, if possible, to allot the fields in question to the share of the sons of Natu so that they could continue to remain in possession of the lands purchased by them.
The appellants allege that the sons of Natu, their transferors, had colluded with Vishnu Hari Patil, respondent No. 1 and had accepted the partition made by the Collector in order to cause prejudice to them.
The sons of Natu got their 5/8th share of the property in addition to the price paid by the appellants for the five fields purchased by them.
The appellants were not allotted any lands at the partition.
The question for consideration is whether the High Court, the Government and the Revenue authorities were right in the circumstances of the case in holding that the appellants had no locus standi to ask for an equitable partition particularly when the sales in favour of the appellants were not in dispute.
Section 52 of the Transfer of Property Act no doubt lays down that a transferee pendente lite of an interest in an immovable property which is the subject matter of a suit from any of the parties to the suit will be bound in so far as that interest is concerned by the proceedings in the suit.
Such a transferee is a representative in interest of the party from whom he has acquired that interest.
Rule 10 of Order 22 of the Code of Civil Procedure clearly recognises the right of a transferee to be impleaded as a party to the proceedings and to be heard before any order is made.
It may be that if he does not apply to be impleaded, he may suffer by default on account of any order passed in the proceedings.
But if he applies to be impleaded as a party and to be heard, he has got to be so impleaded and heard.
He can also prefer an appeal against an order made in the said proceedings but with the leave of the appellate court where he is not already brought on record.
The position of a person on whom any interest has devolved on account of a transfer during the pendency of any suit or a proceeding is somewhat similar to the position of an heir or a legatee of a party who dies during the pendency of a suit or a proceeding, or an official receiver who 903 takes over the assets of such a party on his insolvency.
An heir or a legatee or an official receiver or a transferee can participate in the execution proceedings even though their names may not have been shown in the decree, preliminary or final.
If they apply to the court to be impleaded as parties they cannot be turned out.
The Collector who has to effect partition of an estate under section 54 of the Code of Civil Procedure has no doubt to divide it in accordance with the decree sent to him.
But if a party to such a decree dies leaving some heirs about whose interest there is no dispute should he fold up his hands and return the papers to the civil court ? He need not do so.
He may proceed to allot the share of the deceased party to his heirs.
Similarly he may, when there is no dispute, allot the shares of a deceased party in favour of his legatees.
In the case of insolvency of a party, the official receiver may be allotted the share of the insolvent.
In the case of transferees pendente lite also, if there is no dispute, the Collector may proceed to make allotment of properties in an equitable manner instead of rejecting their claim for such equitable partition on the ground that they have no locus standi.
A transferee from a party of a property which is the subject matter of partition can exercise all the rights of the transferor.
There is no dispute that a party can ask for an equitable partition.
A transferee from him, therefore, can also do so.
Such a construction of section 54 of the Code of Civil Procedure advances the cause of justice.
Otherwise in every case where a party dies, or where a party is adjudicated as an insolvent or where he transfers some interest in the suit property pendente lite the matter has got to be referred back to the civil court even though there may be no dispute about the succession, devolution or transfer of interest.
In any such case where there is no dispute if the Collector makes an equitable partition taking into consideration the interests of all concerned including those on whom any interest in the subject matter has devolved, he would neither be violating the decree nor transgressing any law.
His action would not be ultra vires.
On the other hand, it would be in conformity with the intention of the Legislature which has placed the work of partition of lands subject to payment of assessment to the Government in his hands to be carried out 'in accordance with the law (if any) for the time being in force relating to the partition or the separate possession of shares '.
In view of the foregoing, the orders of the High Court, the State Government and the Commissioner holding that the appellants had no locus standi to ask the Collector to effect an equitable 904 partition have got to be set aside and they are accordingly set aside.
The partition effected by the Collector is also set aside.
The appeals are accordingly allowed and the case is remanded to the Collector to make a fresh partition on an equitable basis in accordance with the decree and the undisputed rights of the appellants referred to above.
The Collector while effecting partition may consider whether the fields in possession of the appellants may be allotted to the share of the sons of Natu so that the appellants may continue to remain in possession of their respective fields.
Since the suit is a very old one, the Collector may expeditiously complete the work of partition preferably within six months from the date of receipt of a copy of this order.
No costs.
S.R. Appeal allowed.

summary:
One Natu, m his suit filed in 1940 against his nephew Laxman for partition of the joint family property and for separate possession of his half share obtained a decree in his favour.
The total area of the lands to be divided is 108 acres.
Natu and his four sons assigned on August 22, 1945, 318th share in decree obtained by them in favour of Prem Chand Patil.
Prem Chand filed a Special Civil Suit No 67 of 1950, for partition of his assigned share in the decree.
In that suit, a compromise decree was passed providing that if the sons of Natu paid Rs. 30,000 on or before March 1, 1958, then the decree holder would not been titled to claim any partition and in default he should get possession of the share claimed by him.
The sons of Natu committed default and Prem Chand Patil became entitled to partition of 318th share of 108 acres of land.
Prem Chand Patil, however assigned his decree in favour of Vishnu Hari Patil, respondent No. 1, who started the execution proceedings, under section 54 of the Code of Civil Procedure under which the lands in respect of which assessment was payable to the Government had to be divided by the Collector and the parties had to be put in possession of their respective shares.
During the pendency of these proceedings, the appellants purchased from the sons of Natu who were parties to the suit five fields out of these 108 acres four through private sales and one by court auction and were in possession of the said fields, having acquired title thereto.
These fields were allotted by the Collector in favour of Respondent No. 1 as part of his 3/8th share without giving any consideration to the claims of the appellants for equitable partition.
The appellants challenged the validity of the partition proceedings before the Commissioner, Bombay Division.
The appeal was dismissed on the ground that the appellants had no locus standi to ask for an equitable allotment under section 54 Code of Civil Procedure, as their names did not figure in the decree even though the sates in their favour were not in dispute.
The further appeals before the State Government as well as the Writ Petitions filed before the Bombay Hit h Court also failed.
Hence the appeals by special leave.
899 Allowing the appeals, tho Court.
^ HELD : 1.1.
Section 52 of the Transfer of Property Act, no doubt, lays down that a transferee, pendente lite of an interest in an immovable properly which is the subject matter of a suit from any of the parties to the suit will ba bound in so far as that interest is concerned by the proceedings in the suit.
Such a transferee is a representative in interest of the party from whom he has acquired that interest.
[902 E F] 1:2.
A transferee from party of a property which is the subject matter of partition can exercise all the rights of a transferor.
When a party can ask for an equitable partition, a transferee from him, therefore, can also do so.
[903 D E] 2:1.
Rule 10 of order XXII of the Code of Civil Procedure clearly recognises the right of a transferee to be impleaded as a party to the proceedings and to be heard before any order is made.
It may be That if he does not apply to be impleaded, he may suffer by default on account of any order passed in the proceedings.
But if he applies to be impleaded and heard he can also prefer an appeal against an order made in the said proceedings but with the leave of the appellate court, where he is not already brought on record.
[902 FG ] 2:2.
The position of a person on whom any interest has devolved on account of a transfer during the pendency of any suit or proceeding is some what similar to the position of an heir or a legatee of a party who dies during the pendency of a suit or a proceeding, or an official receiver who takes over the assets of such a party on his insolvency.
An heir or a legatee or an official receiver or a transferee can participate in the execution proceedings even though their names may not have been shown in the decree, preliminary, or final.
If they apply to the court to be impleaded as parties, they cannot be turned out.
[902 G H; 903 A B] 3.
The Collector, who has to effect partition of an estate under section 54 of the Code of Civil Procedure has, no doubt, to divide it, in accordance with the decree sent to him.
But if a party to such a decree dies leaving some heirs about whose interest there is no dispute, he need not fold up his hands and return the papers to a civil court.
He may proceed to allot the share of tho deceased party to his heirs.
Similarly, he may, when there is no dispute, allot the share of a deceased party in favour of his legatees.
In the case of insolvency of a party, the official Receiver may be allotted the share of the insolvent.
In the case of transferees, pendente lite also, if there is no dispute, the Collector may proceed to make allotment of properties in an equitable manner instead of rejecting their claim for such equitable partition on the ground that they have no locus standi.
Such a construction of section 54 of the Code of Civil Procedure advances the cause of justice.
Otherwise, in every case where a party dies or where he transfers some interest in the suit property pendente lite the matter has got to be referred back to the Civil Court, even though there may be no dispute about the succession, devolution or transfer of interest.
In any such case, where there is no dispute if the Collector makes an equitable partition taking into consideration the interests of all concerned including those on whom any interest in the subject matter has devolved, he would 900 neither be violating the decree nor transgressing any law.
His action would not be ultra vires.
On the other hand, it would be in conformity with the intention of the Legislature which has placed the work of partition of lands subject to payment of assessment to the Government in his hands to be carried out "in accordance with the law (if any) for the time being in force relating to the partition or the separate possession of shares".
[903 B C; F G]


judgement:
Civil Appeals Nos.
2563 2565 of 1969.
From the judgment and order dated the 17th May, 1968 of the Patna High Court in original order Nos. 283 285 of 1963.
M.L. Lahoty, S.C. Patel and H. Roy for the Appellant.
G.S. Chatterjee, for the Respondent State of Bengal.
Bhagat Additional Solicitor General and D. Goburdhan for the Respondent, State of Bihar.
The Judgment of the Court was delivered by VENKATARAMIAH, J.
The question involved in these three appeals by certificate relates to the liability of the State of Bihar to pay the amount of compensation in respect of lands which after their acquisition by it under the Land Acquisition Act stood transferred to the State of West Bengal under the (Act No. 40 of 1956 hereinafter referred to as 'the Act ').
The facts of these cases may be briefly stated thus: Three pieces of land belonging to the appellant which were situated in village Madati in the District of Purnea in the State of Bihar were 880 acquired under the provisions of the Land Acquisition Act by the State of Bihar in the year 1951 for a certain public purpose.
After the Land Acquisition officer passed the awards in respect of the said lands, the question of determination of proper compensation was referred to the District Judge, Purnea under section 18 of the Land Acquisition Act at the instance of the appellant.
The District Judge by his judgment and award dated May 7, 1954 enhanced the compensation payable in each of the three cases.
Against that judgment, the State of Bihar filed three appeals before the High Court of Patna in the year 1954.
When the appeals were pending before the High Court the Act was passed and it came into force on the appointed day i.e. November 1, 1956.
Under the Act, the area in which the acquired lands were situated stood transferred to the State of West Bengal.
The appeals were, however, not transferred to the Calcutta High Court.
The State of West Bengal was also not substituted in the place of the State of Bihar in the appeals.
The appeals were dismissed by the Patna High Court after hearing the counsel for the State of Bihar on March 8, 1960.
The appellant thereafter filed execution petitions in the Court of the Additional District Judge impleading the State of Bihar as the judgment debtor in 1961.
The State of Bihar raised objections to the execution proceedings by way of petitions under section 47 of the Code of Civil Procedure in March, 1962 stating that its liability under the decree had ceased by virtue of the provisions of the Act and that the State of West Bengal within whose jurisdiction the acquired lands were situated was liable to pay the decretal amounts.
The executing court upheld the plea of the State of Bihar and dismissed the execution petitions by its order dated July 9, 1963.
The appellant preferred appeals against the orders of the executing court before the High Court of Patna.
The said appeals were also dismissed.
Hence these appeals.
It should be stated here that the State of West Bengal had not been impleaded as a party either in the executing court or in the High Court.
In these appeals by an order made by this Court in the year 1972, the State of West Bengal was impleaded as a respondent in each of these cases.
The decision in these appeals turns on the true construction of the relevant provisions of the Act since it is not disputed that the acquired lands are transferred to the State of West Bengal under the Act.
Section 47 of the Act reads: "47.
Legal proceedings.
Where immediately before the appointed day, the State of Bihar is a party to any legal 881 proceedings with respect to any property rights or liabilities transferred to the State of West Bengal under this Act, that State shall be deemed to be substituted for the State of Bihar as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.
" Section 48 of the Act deals with the transfer of proceedings arising from the transferred territories and pending immediately before the appointed day before a court (other than the High Court) tribunal, authority or officer in the State of Bihar to the corresponding court, tribunal, authority or officer in the State of West Bengal.
We are now concerned with the proceedings pending in the High Court.
Section 17 of the Act is the relevant provision dealing with them.
It reads thus: "17.
Extension of jurisdiction of, and transfer of proceedings to, Calcutta High Court (1) Except as hereinafter provided, (a) the jurisdiction of the High Court at Calcutta, shall, as from the appointed day, extend to the transferred territories; and (b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the transferred territories.
(2) Such proceedings pending in the High Court at Patna immediately before the appointed day as arc certified by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court at Calcutta shall, as soon as may be after such certification, be transferred to the High Court at Calcutta.
(3) Notwithstanding anything contained in sub sections (1) and (2), but save as hereinafter provided, the High Court at Patna shall have, and the High Court at Calcutta shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and 882 other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Patna before the appointed day: Provided that if, after such proceedings have been entertained by the High Court at Patna, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Calcutta, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court at Patna: (a) before the appointed day in any proceedings transferred to the High Court at Calcutta by virtue of subsection (2) or (b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue of sub section (3), shall, for all purposes, have effect, not only as an order of the High Court at Patna, but also as an order made by the High Court at Calcutta." (underlining by us) Sub section (2) of section 17 of the Act states that only such proceedings pending in the High Court of Patna immediately before the appointed day as are certified by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances, have to be transferred to the High Court at Calcutta.
It follows that if there is no such certification, they have to be disposed of by the High Court of Patna even though the cause of action might have accrued in any part of the transferred territories as that court continues to exercise jurisdiction over those cases.
In the instant case since there was no such certificate, the High Court of Patna rightly disposed of the appeals.
The liability, however, would be that of the State of West Bengal because of section 47 of the Act.
The State of West Bengal should be deemed to have been substituted for the State of Bihar even though no such order had been passed on a formal application for substitution.
When the law says that something should be deemed to have been done in a given case, the said legal fiction should be carried to its 883 logical end to achieve the desired result.
The decrees must, therefore, be deemed to have been passed by the High Court of Patna against the State of West Bengal when the appeals were dismissed by the Patna High Court.
It may be mentioned here that the State of West Bengal has not taken any steps to get those decrees revoked till now before the Patna High Court even though it had actual notice of those proceedings when notices in these appeals were served on it.
It is also not contended by the State of West Bengal, and we feel rightly, that the decrees are not binding on the State of West Bengal.
The only submission made on its behalf is that the interest that had accrued on the amount of compensation awarded by the Court upto date or at least upto the date on which the notices issued in these appeals were served on the State of West Bengal should be disallowed.
There is no merit in this submission.
The executing court cannot go behind the decree.
The judgment debtor has to pay the entire decretal amount.
By virtue of section 47 of the Act, the State of West Bengal would be bound by the decrees or orders made in respect of matters referred to therein against the State of Bihar before the appointed day and also after the appointed day even though the State of West Bengal is not formally brought on record in the place of the State of Bihar.
In all such cases the State of Bihar should be considered as effectively representing the State of West Bengal.
That is the true effect of the 'deeming ' provision contained in that section.
In this situation the executing court should have been directed by the High Court to substitute the State of West Bengal in the place of the State of Bihar in the execution petitions and to proceed to execute the decrees against the State of West Bengal.
In view of the foregoing.
these appeals are allowed, the judgments of the High Court and of the executing court are set aside and execution applications are remanded to the executing court to proceed with the execution against the State of West Bengal after substituting the State of West Bengal as the judgment debtor in the place of the State of Bihar.
In the circumstances, the parties shall bear their costs throughout.
P.B.R. Appeal allowed.

summary:
In 1951 three pieces of land belonging to the appellant situated in Bihar were acquired by the State of Bihar for a public purpose.
When appeals against the judgment of the District Judge enhancing the compensation payable in respect of these lands were pending before the Patna High Court the West Bengal (Transfer of Territories) Act, 1956 came into force in consequence of which the acquired lands stood transferred to the State of West Bengal.
The appeals pending before the Patna High Court were, however, not transferred to the Calcutta High Court, nor was the State of West Bengal substituted in place of the State of Bihar.
The Patna High Court dismissed tho State 's appeals.
In the execution petitions the appellant impleaded the State of Bihar as the judgment debtor but the State of Bihar raised an objection that since the lands were then situated is the State of West Bengal it was that State which was liable to pay the decretal amounts.
Upholding this contention the executing court dismissed the execution petition.
This was upheld by the High Court.
Allowing the appeal, ^ HELD: Section 17 of the Act enjoins that only such proceedings pending in the High Court of Patna immediately before the appointed day as are certified by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances, have to be transferred to the High Court of Calcutta which means that if there is no such certification they have to be disposed of by the High Court of Patna even though the cause of action might have accrued in any part of the transferred territories as that court continues to exercise jurisdiction over those cases.
[862 E G] In the instant case since there was no such certificate the High Court of Patna rightly disposed of the appeals.
[882 G] 879 Under section 47 of the Act the State of West Bengal should be deemed to have been substituted for the State of Bihar even though no such order had been passed on a formal application for substitution.
When the law says that something should be deemed to have been done, the legal fiction should be carried to its logical end to achieve the desired result.
The decrees must, therefore, be deemed to have been passed by the High Court of Patna against tho State of West Bengal when the appeals were dismissed by the Patna High Court.
[882 H; 883 A C] By virtue of Section 47 the State of West Bengal would be bound by the decrees or orders made in respect of matters referred to therein against the State of Bihar both before and after the appointed day even though the State of West Bengal is not formally brought on record in the place of State of Bihar.
In all such cases the State of Bihar should be considered as effectively representing the State of West Bengal.
[883 D E] There is no merit in the submission that the interest accrued on the amounts of compensation uptodate or upto the date on which the notices were served on the State of West Bengal should be disallowed.
The executing court cannot go behind the decree.
[883 B C]