F C I BOMBAY Vs. TRANSPORT AND DOCK WORKERS UNION

JUDGEMENT

(1.) In this bunch of petitions one of the questions argued before us by the learned counsel for the parties relates to the definition of "appropriate government" set out in Section 2 (1 (a) of the Contract Labour (Regulation and Abolition) Act, 1970. While it is maintained by the petitioners that the appropriate government would be the central government, the respondents contend that the State government and not the central government would be the appropriate government. Reference is also made to the definition of "appropriate government" set out in Section 2 (a) of the Industrial Disputes act, 1947.

(2.) This question has been considered by this court in a number of decisions. While considering the provisions of the Industrial Disputes Act, a three-Judge bench in Hindustan Aeronautics Ltd. v. Workmen held that the appropriate government would be the State government even though the company was wholly owned and controlled by the central government. A two-Judge bench in Heavy Engg. Mazdoor Union v. State of Bihar also took the same view which was followed in Hindustan Aeronautics Ltd. and rashtriya Mill Mazdoor Sangh v. Model Mills as also in Workers Union v. Food Corpn. of India.

(3.) The question was again considered by a three-Judge bench of this court in Air India Statutory Corpn. v. United Labour Union. In para 28 of the decision it is stated as under