WORKMEN OF DANDAKARANYA PROJECT Vs. DANDAKARANYA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE workmen of the Dandakaranya Project through two registered unions being the Rehabilitation Employees' Union and the Dandakaranya Shramik Sangh are the petitioners challenging the decision of the Union Government conveyed under Annexure 5 that the Industrial Disputes Act, 1947, does not apply to any of the departments of the project. According to the petitioners the president of one of the unions was informed in January, 1969, by the Regional Labour Commissioner (Central), Bhubaneswar (opposite party No. 4) that the appropriate Government in respect of the project is the State Government and as such for conciliation and claim for other reliefs under the Industrial Disputes Act, the machinery of the State Government has to be moved Annexure 1. In May, 1969, the same authority informed the said union.-On being taken up with the higher authorities the matter was re-examined and it has now been decided that since the Dandakaranya Development Project is a departmental undertaking and all labour in that Project is employed departmentally by the Project Authorities who are directly under the control of Ministry of Labour. Employment and Rehabilitation, the industry carried on by the Dandakaranya Project would be an 'industry' carried on by or under the authority of the Central Government and that the 'appropriate Government' for the purpose of the Industrial Disputes Act, 1947, would be the Central Government. (Annexure 2) The State machinery had been moved in the matter during the time lag between Annexurts 1 and 2. In Annexure 3 dated 25th July, 1969, the Assistant Labour Commissioner, Jeypore, forwarded certain complaints of the employees of the project to the Regional Labor Commissioner (Central) for disposal in view of Annexure 2. Ultimately under Annexure 5, the decision was communicated that the Act has no application to the entire project or units under it. In this application the petitioners pray for issue of a writ of certiorari to quash the decision of the Central Government that the Industrial Disputes Act has no application and to direct the opposite party No. 5 (the State of Orissa) to make the conciliation machinery available for disputes between the petitioners and the Management of the project in accordance with law.

(2.) IN the counter-affidavit of the Union Government and its officers, it has been contended thatthe project isnot an "industry" within the definition of Section 2 (j)of the Industrial Disputes Act and the earlier view based upon the Supreme Court decision in the case of the State of Bombay v. Hospital Mazdoor Sabha (supra) having been reviewed later by the Supreme Court, the Government took the decision that the said Act has no application to the project.

(3.) THE Dandakaranya Project came into existence in terms of the Government of India Resolution' dated 12th September, 1958, Annexure 6, for the avowed purpose of effective and expeditious execution of the schemes to replace displaced persons from East Pakistan in Dandakaranya and for the integrated development of the area with particular regard to the promotion of the interests of the area's tribal population. The sphere of activity has been confined to the districts of Bastar in Madhya Pradesh and Koraput in Orissa. While the petitioners conterd that the project or at least some of the units under it would constitute "industry" the opposite parties have taken the stand that the tests indicated by the Supreme Court in a series of cases when applied to this case would clearly show that the project or no unit under it is "industry".