I.S. Tiwana, J. - (1.) IN these two petitions C.W. Ps Nos. 447 of 1980 and 2286 of 1981 - -the learned Counsel are agreed that the decision in the former would govern the merits of the latter one also.
(2.) THE short but significant question required to be answered in this petition is as to whether in the given facts and circumstances of the case, the State Government was the appropriate Government in terms of Section 2(a) of the Industrial Disputes Act, 1947 (for short, I.D. Act) to make the respective references under Section 10 of the Act to the Industrial Tribunal, Punjab ? The Tribunal, - -vide two different but similar awards has answered this question in the negative. The answer to the question posed essentially depends on the constitution, history and the working of the establishment and the rules governing the same which are noted as follows. Amritsar Sugar Mills a limited Company, started producing sugar in its factory established at Chhehrata, District Amritsar. In the year 1938, it stopped the production of sugar and started producing Vanaspati Oil under the name and style of 'Amritsar Oil Works, Amritsar'. The management of this concern is now Respondent No. 4. Vanaspati is undisputably a scheduled industry as per Item No. 28 of Schedule I to the Industries (Development and Regulation) Act, 1951 (hereinafter referred to as the Act). The Company has another unit at Muzaffar Nagar in Uttar Pradesh and is producing sugar there.
(3.) ON September 12, 1974, the Central Government in exercise of its powers under Section 18AA(i) of the Act, notified the taking over of the management of this industry by a Board constituted, - -vide paragraph 2 of this notification. Notification is Annexure P.I to the petition. The Board commenced the working of the factory with effect from January 19, 1975.;