P.C. Borooah, J. - (1.) The subject- matter of challenge in this Rule is an order dated 12-9-1983 passed by Shri K.C. Roy, Judge, Second Industrial Tribunal holding that the West Bengal Government is the appropriate Government to make the reference under Section 10 of the Industrial Disputes Act in respect of an industrial dispute between the petitioner, viz. M/s. Central Warehousing Corporation and the respondent 1 Shri Swapan Kumar Biswas.
(2.) Mr. Dilip Kumar Sen appearing on behalf of the petitioner has drawn my attention to Section 2 (b) of the Warehousing Corporations Act, 1962 wherein it has been laid down that the appropriate Government in relation to the Central Warehousing Corporation means the Central Government and as such Mr. Sen submits that under Section 10 of the Industrial Disputes Act, 1947, only the Central Government was competent to make the instant reference and the learned Judge was wrong in coming to the finding that the State Government was the appropriate Government.
(3.) Mr. R.N. Majumdar appearing on behalf of the respondent No. 1 on the other hand has referred to a decision of the Delhi High Court in the case of Central Warehousing Corporation v. Delhi Administration, reported in 1984 Lab IC 360 wherein the Delhi High Court held that a dispute concerning the termination of the services of workmen of the Central Warehousing Corporation can be referred by the Delhi Administration to an Industrial Tribunal.;