- (1.) THE only argument advanced by the counsel for the petitioner, Central Arid Zone Research Institute, Jodhpur (referred to hereinafter as 'the institute'), tor challenging the impugned award of the Labour Court cum Industrial Disputes Tribunal, Jodhpur (hereinafter called the Industrial Tribunal) passed on April 29, 1989 vide Annex. P. 1 in Industrial Reference No. 16/1986 between the General Secretary of the Arid Zone Employees' Union, Jodhpur v. Director, Central Arid Zone Research Institute, Jodhpur, is that the State Government was not authorised to refer the demand notice containing four demands of the workers to the Industrial Tribunal for the reason that the reference could only be made by the Central Government under Section 2 (a) of the Industrial Disputes Act, 1947 (called hereinafter as 'the Act of 1947' ).
(2.) IT is submitted by the counsel for the petitioner that the Central Government was the appropriate Government in the present case and, therefore, any reference made by the State Government was not a competent reference and the Industrial Tribunal could not have the jurisdiction to try the same. However, on merits the Decision of the Industrial Tribunal in respect of demands No. 7 and 11 in favour of the respondent Union has not been challenged by the petitioner and rightly so.
(3.) THE facts, as stated in the writ petition by the petitioner Institute, are that a reference was made by the State Government under Section 10 (1) (c) of the Act of 1947 for adjudication of the four demands as mentioned in the Charter of Demandsi. e. Demandsno. 4,7, 11, 14. Thedemands are enumerated as under:- "demand No. 4: Sweepers may be given 2 kg. of soap in a month and 2 metres cloth for duster; Demand No. 7: Those workmen who have completed 240 days service may be made workcharged employees; Demand No. 11 : Shri Mahendrapal Singh and Shri Ummed Singh who have become over-aged may be regularised on the basis of the age attained by them at the time of their initial appointment; Demand No. 14 : The employees may be given paid holidays on national holidays and other festivals. ";