HINDUSTAN AERONAUTICS LIMITED Vs. HINDUSTAN AERO CANTEEN K SANGH
SUPREME COURT OF INDIA
HINDUSTAN AERONAUTICS LIMITED
HINDUSTAN AERO CANTEEN K.SANGH
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(1.)Order. Leave granted. Heard the learned Additional Solicitor general for the appellants and the learned counsel appearing for the opposite parties.
(2.)The question that arises for consideration in this case is, whether the High Court was justified in holding that the State Government is the "appropriate Government" under the provisions of the relevant Act. The Constitution Bench recently has considered the relevant provisions of the Contract Labour (Regulation and Abolition) act in the case of Steel Authority of India and others v. National Union Waterfront Workers and others, air 2001 SC 3527 : 2001 (7) SCC 1 : 2001-II-LLJ-1087 and has come to the conclusion that the 'appropriate Government' will be the government which exercises control and authority over the concerned organisation. It is undisputed that the Hindustan Aeronautics Ltd. is an Undertaking of the Central Government and it is the Central Government which exercises full control over the same. Issuance of licence by the State Government is no criteria to come to a conclusion that the State government would be the 'appropriate government'. The impugned judgment of the high Court therefore is, on the face of it, erroneous in view of the Constitution Bench decision of this Court referred to earlier. We, therefore, set aside the impugned judgment of the High Court and hold that the Central government is the 'appropriate Government'.
(3.)The appeal stands disposed of accordingly.
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