HINDUSTAN AERONAUTICS LIMITED Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.D. Singh, learned counsel for the petitioner, Sri Kripa Shanker Singh, learned counsel for the respondents and learned Standing Counsel. This writ petition has been filed for quashing the award dated 16.3.2000 passed in Adjudication Case No. 53 of 1995 published on 18th August, 2000 (Annexure No. 1 to the writ petition) passed by the Presiding Officer Labour Court IV, Kanpur (respondent No. 2)

(2.) Sri S.D. Singh, learned counsel for the petitioner raised the pleading regarding maintainability of the reference under Section 4K of U.P. Industrial Dispute Act, 1947. It has been submitted that the Hindustan Aeronautics Ltd. is a Company, incorporated under the Indian Companies Act, 1956. It is totally owned and controlled by the Central Government. Therefore, no reference can be made under the Provisions of U.P. Industrial Dispute Act. It has been submitted that the reference by the Governor, State of U.P. was made under Section 4K of the Industrial Dispute Act. On 23.12.1992, by referring dispute as:

(3.) An objection was taken on behalf of the petitioner before the labour Court that Provisions of U.P. Industrial Dispute Act is not applicable, as it is totally controlled Central Government Organization. The judgment in writ petition No. 13936 of 1995 is decided on 29.9.1997, was filed and that was considered by the Court and award was given, on that basis by the order dated 30th April, 1998, holding therein that in view of the judgment in writ petition, the reference made by the Governor of U.P. under Section 4K of the Industrial Dispute Act was not maintainable and award was given to that effect, according to the petitioner, this award has become final and nobody has challenged the such award given by the labour Court. It appears that an application under Section 6(6) of the U.P. Industrial Dispute Act was filed, which is to correct any clerical or arithmetical mistake. Section 6(6) of the U.P. Industrial Dispute Act 1947 is quoted below: