M.Y.EQBAL, J. - (1.) Heard the parties. The petitioner, Indian Institute of Coal Management, has prayed for quashing the notification dated January 28, 2000 issued by the Central Government, being the appropriate Government in exercise of power under Section 10 of the Industrial Disputes Act ordering reference of the dispute for adjudication to the Industrial Tribunal, Dhanbad.
(2.) Mr. A. Sen, learned counsel for the petitioner assailed the impugned notification mainly on the ground that the Central Government is not the appropriate Government and, therefore, the entire reference is bad in law. In this connection, learned counsel relied upon a recent decision of the Supreme Court in the case of Steel Authority of India Limited and others v. National Union Waterfront Workers and others AIR 2001 SC 3527 : 2001 (7) SCC 1 : 2001-II-LLJ-1087.
(3.) It appears that the workers working in the Indian Institute of Coal Management raised objection and industrial dispute for their regularisation in service. The petitioner has asserted in para 20-A of the writ petition that earlier a similar dispute was raised by some of the employees and a failure report was sent to the Central Government but the Central Government refused to refer the dispute on the ground that the Indian Institute of Coal Management is not an Industry. It is, therefore, evident that on earlier occasion also the Central Government exercised power as an appropriate Government in the matter of reference of dispute for adjudication. Reference of the dispute by the Central Government as appropriate Government was also in accordance with the decision of the Supreme Court in the case of Air India Statutory Corporation v. United Labour Union AIR 1997 SC 645 : 1997 (9) SCC 377 : 1997-I-LLJ-1113.;