S.S. Sudhalkar, J. - (1.) BY this writ petition, the workman is challenging the award of the Labour Court dated 18.3,1995 (copy annexure P/1) vide which his claim for reinstatement with consequential benefits was rejected. The reference was not entertained because the dispute was not referred to the appropriate Government. The petitioner was employed by respondent No, 2 and the case of the petitioner is that he had worked for 11.3.1982 to 1.12.1983 and thereafter his services were terminated. He raised an industrial dispute.
(2.) HINDUSTAN Petroleum Corporation Limited, respondent No. 2 contested the claim of the workman stating that the dispute was referred through the Joint Secretary to Govt. Haryana, Department of Labour and that he had no power to make such reference. According to respondent No. 2 it was controlled industry which was engaged in petroleum products and, therefore, the appropriate Government was the Central Government and not the State Government. I have heard learned counsel for the parties.
(3.) LEARNED counsel for respondent argued that the Central Government had issued notification under Section 2(a) of the Industrial Disputes Act (hereinafter referred to as the "Act"). Copy of the same is at annexure P/4. It is as under : Ministry of Labour and Rehabilitation (Department of Labour) Notification New Delhi, the 21st June, 1984 S.O.457(E) - In pursuance of sub -clause (i) of clause (a) of Section 2 of the Industrial Disputes Act, 1947 (15 of 1947) the Central Government hereby specified for the purposes of that sub -clause, the controlled industry engaged in the manufacture or production of mineral oil (crude oil) motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuel, lubricating oils and the like which has been declared as a controlled industry under Section 2 of the Industries (Development and Regulation) Act, 1951 (65 of 1951). This notification shall be in force for a period of two years from the date of publication in the official gazette. A.S. Ailwai Joint Secretary of India No. S -11025/23/83 D.I.A.";