Bhaskar Bhattacharya, J. - (1.) The only question that arises for determination in this writ application is whether an amendment of Food Corporation of India (Staff) (55th Amendment) Regulations, 1978 by virtue of the power conferred under Section 45 of the Food Corporation Act, 1964 ("Act") can be referred to as a dispute in terms of Section 10(l)(d) of the Industrial Disputes Act, 1947.
(2.) The petitioner is a body corporate established by the Act and Section 45 of the Act empowers the petitioner to make regulation by notification in the Official Gazette with the previous sanction of the Central Government. The said section is quoted hereunder: "45. Power of Food Corporation to make regulations. - (1) A Food Corporation may, with the previous sanction of the Central Government by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such regulations may provide for- (a) the methods of appointment, the conditions of service and the scales of pay of the officers and employees of a Food Corporation, other than the Secretary of the Food Corporation of India; (b) the duties and conduct of officers and employees of a Food Corporation, other than the Secretary aforesaid; (c) the functions and duties which may be entrusted or delegated to the managing director or, as the case may be, the General Manager, of a Food Corporation; (d) the times and places at which meetings of a Food Corporation or any committee thereof shall be held and the procedure to be followed thereof; (e) the fees and allowances payable to the members of a committee under Sub-section (6) of Section 14 or Sub-section (6) of Section 24; (f) generally, the efficient conduct of the affairs of a Food Corporation. (3) The Central Government may, by notification in the Official Gazette, rescind any regulation which it has sanctioned and thereupon such regulation shall cease to have effect. (4) Any regulation which may be made by the Food Corporation of India under this Act may be made by the Central Government within three months from the establishment of that Corporation and any regulation which may be made by a State Food Corporation under this Act may be made by the Food Corporation of India within three months from the establishment of such State Food Corporation, and any regulation so made may be altered or rescinded by the Food Corporation concerned in the exercise of its power under this Act"
(3.) By dint of the power conferred under Section 45 of the Act, the Food Corporation of India Rules, 1965 came into force which however stood replaced by the Food Corporation of India (Staff) Regulations, 1971 ("Regulations").;