M L Bhat, J. - (1.) THE question for consideration in this writ petition is whether the Government of State of Uttar Pradesh can be -treated- as the appropriate Government under section 2 (a) of the Industrial Disputes Act, 1947 in relation to any industrial dispute concerning the office of the petitioner.
(2.) THE facts of the case, set up by the petitioner in the writ petition, are briefly stated. THE food Corporation of India is a body incorporated under the Food Corporation Act of 1964. THE respondent no. 2 was appointed as messenger (watchman) by the District Manager, Food Corporation of India, Agra on a purely adhoc basis His services were liable to be terminated without any notice. He was transferred to the Food Storage Depot, Mathura. A copy of the appointment letter of the petitioner is marked as Annexure 1 to the writ petition. On 24-4-1974 the services of the respondent no. 2 were terminated with effect from 30-4-1974 under Regulation 19 of the Food Corporation of India Staff Regulation of 1971. He was asked to take payment of 90 days' salary in lieu of notice. A copy of this order is Annexure 2 to the writ petition. However, the respondent no. 2 did not reach the office of the petitioner for taking the payment which was sent to him by money order after making permissible deductions. THE State Government seems to have referred the dispute to the respondent no. 1 by its order dated 7-11-1975 which was received by the respondent no. 1 on 21-11-1975 THE dispute was referred under section 10 (1) (c) of the Industrial Disputes Act, 19.47. A copy of this order is contained in Annexure 3 to the writ petition. THE Labour Court had to decide whether the order of termination of the services of the respondent no. 2 was legal and what relief could be granted to him if the order was found to be illegal. On receipt of the reference the respondent no. 1 seems to have issued a notice to the petitioner- THE petitioner appeared and thereafter the case was transferred from the Labour Court, Kanpur to the Labour Court at Agra. THE Labour Court gave its award on 28-3-1979, copy whereof was placed on the notice board on 24-4-1979. A copy of the award is contained in Annexure 4 to the writ petition. THE Labour Court seems to have allowed the claim of the respondent no. 2 and set aside the termination order. The petitioner has filed this petition under Article .226 of the Constitution challenging the award of the Labour Court on the ground that the reference made by the State Government was incompetent as it could not refer the dispute to the labour court because it was not the appropriate Government in respect of the employees of the petitioner. The appropriate Government as defined under section 2 (a) of the Industrial Disputes Act, which has the competence to refer the dispute to the Labour Court, was the Central Government. The order of reference, therefore, is said to be without jurisdiction and liable to be quashed. This was the only point argued before the court which, if accepted, will go to the root of the award and the award shall have to be declared without jurisdiction. Before the Labour Court the parties appear to have filed pleadings and the petitioner did not raise this point there. On facts some disputes were raised by the respondent no. 2 which have been considered by the Labour Court. This Court is concerned only with the question of jurisdiction of respondent no. 1 to pass the award.
(3.) UNDER section 10 of the Industrial Disputes Act, 1974 the Government has the powers, interalia, to refer the dispute to a court for enquiry. The appropriate Government is defined under section 2 (a) of the said Act In relation to Food Corporation of India established under section 3 of the Act or for a Board of Management established for two or more contiguous States under section 16 of the Act, the appropriate Government is the Central Government. The learned counsel for the petitioner submitted that the Food Corporation Act was passed in 1964 and the amendment was made in 1967 4a the said Act, which prescribes as follows : "Liberty is being taken to declare the Central Government as an appropriate Government under the Industrial Disputes Act, 1947 in relation to Food Corporation of India-Vide Gazette of India dated 25-7-1968 Part II Sec. 2 Extra page 613." By Act no. 57 of 1968 in section 2 of the Industrial Disputes Act an amendment was made and the Food Corporation of India established under section 3 of the Food Corporation Act or Board of Management established for two or more contiguous states under section 16 of the Act was incorporated. By this definition, the appropriate Government in relation to an employee of the Food Corporation of India established under sections 3 and 16 of the Food Corporation Act was the Central Government and not the State Government.;