D.P.SINGH, J. - (1.) Heard Sri Vijay Ratan Agarwal, learned senior advocate assisted by Sri Piyush Bhargava for the petitioner and Sri K.N. Misra for the respondent-workmen. This petition is directed against a common award dated December 21, 2006 passed in seven references in favour of the workmen.
(2.) Hindustan Cables Limited is a Government of India Undertaking having its registered office at 9 Elgin Road, Kolkata. One of its factories is situated in Naini at Allahabad and is engaged in, manufacturing of optical fibre cables and its accessories. The petitioner establishment is registered under the Contract Labour (Regulation and Abolition) Act, 1970 (here-in-after referred to as the "Contract Act") for awarding contract for its work. The respondent No.2 is a private organisation- dealing in providing security, personnel to" various organisations and it is also registered under the Contract Act. For the purposes of ensuring the security of its establishment, the petitioner had awarded a security contract to the respondent No. 2. In pursuance of the said contract, the workmen were engaged by the respondent establishment to ensure the security of the petitioner establishment. It appears that the services of the workmen were dispensed with by the respondent establishment and the contract of engagement with the petitioner also came to an end on June 30,2000. The individual workmen raised their industrial dispute which was referred to the Industrial Tribunal at Allahabad where the impugned award has been 2 rendered.
(3.) Learned counsel for the petitioner has urged that the appropriate Government for the petitioner is the Central Government and the reference made by the State Government was beyond its jurisdiction and, therefore, the award rendered therein is also vitiated.;