MAHAVIR SPINNING MILLS LIMITED Vs. GUJARAT MAZDOOR SABHA

JUDGEMENT

(1.) Rule. Service of rule is waived by Mr Mukul Sinha for the respondent.

(2.) Questions with regard to interpretation of Sec. 2(a) of the Industrial Disputes Act, 1947 (ID Act) and the proper test to determine the 'appropriate Government' in relation to industrial dispute have come up for consideration and adjudication in this petition under Art. 226/227 of the Constitution of India.

(3.) The petitioner is a company registered under the Companies Act, 1956. Its registered office is situated at Ludhiana in Punjab and its administrative office is situated at Hoshiarpur in the State of Punjab. By filing this petition, the petitioner has challenged the legality and validity of the order, dated 5.8.1996, passed by the Presiding Officer of Labour Court No. 2, Ahmedabad, below Ex. 10, which is an application jointly submitted by the parties in Reference No. 54/93, whereby, the preliminary objection about the jurisdiction and the appropriate Government came to be decided against the petitioner. During the course of the proceedings of reference before the Labour Court, a preliminary objection was raised by the petitioner company. It was contended by the petitioner company that the reference made by the Deputy Commissioner of Labour, Ahmedabad, referring the dispute to the Labour Court, Ahmedabad, for its adjudication is legally not maintainable as the State of Gujarat is not the appropriate Government in terms of Sec. 2(a) of the ID Act.