MANAGEMENT AGRICULTURAL RESEARCH STATION TAMIL NADU AGRICULTURAL UNIVERSITY VELAYUTHAPURAM KOVILPATTI Vs. COMMISSIONER OF LABOUR AUTHORITY UNDER SEC 51 OF THE TAMIL NADU SHOPS AND ESTABLISHMENTS ACT 1947 LABOUR WELFARE BOARD BUILDINGS D M S COMPOUND MADRAS

JUDGEMENT

(1.) THE petitioner Tamil Nadu Agricultural University which has agricultural research Station at Velayuthapuram. Kovilpatti, is aggrieved by the order made by the Commissioner of Labour on 23. 12. 1987 under Section 51 of the Tamil Nadu shops and Establishments Act which order was made on an application filed by the Secretary of the Kovilpatti Agricultural University Workers Union.

(2.) THE application was for a decision on the question as to whether the Agricultural Research Station, Tamil Nadu Agricultural University at Velayudhapuram would come under the definition of' shop" contained in Section 2 (16) of the Tamil Nadu Shops and Establishments Act 1947.

(3.) IT is the case of the University and it is the case urged before this court by the learned counsel that the University is an establishment under the control of the State Government, and therefore the shops and Establishments Act is inapplicable to the University. The decision of the Commissioner of Labour therefore, it was said was one which is not in accordance with law. The Commissioner of labour recorded his decision in exercise of his power under Section 51 of the Act which provides that if any question arises whether all or any of the provisions of the Act applies to an establishment or to a person employed therein, or whether Section 50 which provides that rights governing the persons in the employment under other laws continued to be available to such persons, applies or not, such question shall be decided by the Commissioner of Labour, whose decision shall be final. The finality attached to this decision is however subject to the jurisdiction and powers of this court under Article 220 of the Constitution and it is open to this court in a proceeding under Article as to examine the correctness or otherwise of the order of the Commissioner of Labour made under Section 651 of the Act, and to set aside the same if it is found that the order is not in accordance with law.