ANIL KUMAR Vs. REGIONAL LABOUR COMMISSIONER CENTRAL

JUDGEMENT

(1.) The present Writ Petition has arisen out of dispute raised by the petitioner, who is employed in the canteen and the flight kitchen run by respondents No.4 and 5 for respondents No.2 and 3. They raised the dispute against respondents 2 to 5 against the decision of respondent No.1, i.e., the Regional Labour Commissioner (Central), refusing to refer the industrial dispute raised by the petitioner against respondents No.2 to 5 on the ground that the Labour Commissioner, Delhi Administration and not respondent No.1 has jurisdiction to entertain the same.

(2.) For the purpose of the present Writ Petition, it is not necessary to go into the nature of the dispute wherein the petitioner is claiming to be employee of respondent No.2, Air India Limited, who according to him, is the real employer. It is not necessary for me to go into the merits of the dispute at this stage.

(3.) Apparently, the impugned decision was rendered on account of some confusion as to whether the Central Government is continuing to be the appropriate Government in respect of the disputes involving Air India Limited after its corporation as a Company and its ceasing to be a Corporation under Central Government. That confusion is no longer subsisting in view of the amendment to the Industrial Disputes Act in Section 2(a)(i)(v) by the Industrial Disputes (Amendment) Ordinance Act whereby Central Government would be the appropriate Government in respect of, inter-alia, "An Air Transport Service." In the light of this amendment, there is no confusion that it is the Central Government which is the appropriate Government. I have also heard counsel for the respondents, who in the light of the said amendment, are no longer opposing the question of jurisdiction of the Central Government to deal with the above dispute. They also have no objection to the Central Government being approached as the appropriate Government to conciliate/deal with or refer the dispute for adjudication. They also did not press their objection that in respect of respondent No.4, i.e., Chief Air Limited, the Central Government is not the appropriate Government. It is also not disputed that the entire dispute, if not resolved at the conciliation level, could, if considered proper, be referred for adjudication by the Central Government, which in any case is the appropriate Government in respect of respondent No.2, Air India Limited.