- (1.) Heard learned counsels appearing for the parties.
(2.) A preliminary objection has been raised by learned counsel appearing for the respondent Ambuja Cement Limited that Labour Court, Jodhpur had no jurisdiction to entertain the reference made by the State Government on 17.03.2009 in respect of the alleged employees of Ambuja Cement Ltd. inasmuch as Ambuja Cement Limited, Rabriyawas, Tehsil Jaitaran District Pali is specified industry included in the First Schedule of Industries (Development and Regulation) Act, 1951 at item No.35. It is submitted that industrial disputes relating to the employees of the specified industry can be adjudicated only by the Central Industrial Tribunal constituted by the Central Government. He has relied on judgment in Steel Authority of India Ltd. & Ors. Vs. National Union Water Front Workers and Others, 2001 AIR(SC) 3527 (1 . In paragraph-122 of the judgment, the Constitution Bench held that after January 28, 1986 in view of the new definition of the expression "appropriate Government", the answer to the question as to which government will be appropriate Government for specified industries has to be found in Clause (a) of Section 2 of the Industrial Disputes Act i.e. if (i) the concerned Central Government company/undertaking or any undertaking is included therein eo nomin, or (ii) any industry is carried on (a) by or under the authority of the Central Government or, (b) by railway company or (c) by specified controlled industry, then the Central Government will be the appropriate Government otherwise in relation to any other establishment, the Government of the State in which that other establishment is situate, will be the appropriate Government. It is submitted that the Cement Company being specified controlled in the State, the appropriate Government for reference of the industrial dispute raised by the workman will be the Central Government and not the State Government.
(3.) In reply, it is submitted by the learned counsel appearing for the appellants that so far as the Cement Industries are concerned, by a notification dated December 8, 1977 issued under Section 39 of the Industrial Disputes Act, 1947 the Central Government directed that all the powers excersiable by it under that Act and rules made thereunder in relation to the Cement Industry be exercised also by all the State Governments subject to the condition that the Central Government shall continue to exercise all the powers under the Act and Rules made thereunder (i) relating to mines and quarries even where such mines and quarries form part of the Cement Industry; and (ii) relating to the dispute between the employers who are members of the Cement Manufacturers Association, Express Building, Churchgate, Bombay and their workmen represented by Indian National Cement and Allied Workers' Federation, Mazdoor Karyalya, Congress House, Bombay, which has been referred for arbitration in pursuance of Section 10-A of the said Act, read with Notification No.S.O.757(E) dated November 8, 1977 [No.S. 11025/9/77DI(A)], in terms of the arbitration agreement published by the notification of the Government of India in the Ministry of Labour Order No.L.29013/2/77-D.O.III(B), dated November 28, 1977.;