GAURI SHANKER Vs. SAINIK SCHOOL, KAPURTHALA

JUDGEMENT

(1.) The ten petitioners in these three petitions viz. Civil Writ Petitions Nos. 3734, 3871 of 1984 and 11399 of 1988 are aggrieved by the award dated 7.2.1984 given by the Labour Court. The Court has found that the References had not been made by the appropriate Government. The short question that arises in this case is : which is the 'appropriate Government" in relation to the employees of the Sainik School, Kapurthala ? A few facts may be noticed.

(2.) The petitioners were working at the Sainik School, Kapurthala. Their services having been terminated, they approached the state Government under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The Government made separate references to the Labour Court, Jalandhar. When the matter came up before the Court, the management raised an objection that the references were illegal and invalid in as much as these had not been made by the 'appropriate Government'. According to the respondents, the Central Government alone was the appropriate Government. This argument having been accepted by the learned Labour Court, the ten workmen have filed these three petitioners. Is the order of the Labour Court valid ?

(3.) Mr. Sarjit Singh, learned counsel for the petitioners submits that the Sainik School, Kapurthala is not an Industry being carried on by or under the authority of the Central Government. Accordingly, he submits that the State of Punjab was the appropriate Government and the references had been validly made. On the other hand, Mr. Arun Nehra, learned counsel for respondent No. 1 submits that "Sainik School at Kapurthala and the Sainik Schools in other States are under the control and supervision of the Defence Ministry, Government of India" and as such the view taken by the Labour Court is correct. The Sainik School at Kapurthala has been set up by the Sainik School Society which has its Head Office in Sena Bhawan, New Delhi. The Society was set up primarily to establish Sainik School education of a high standard with the aim of preparing boys academically and physically for entry into National Defence Academy. It is performing in substance the governmental function of imparting special education and training to young boys for joining armed forces for defending the orders of the country. The Governing Body of the Society consists of Union Minister of Defence as the Chairman and the Cheif Minister and/or Education Ministers of various states, Chairman, University Grants Commission, New Delhi. On these premises, it is contended that the Central Government alone was competent to make the reference.