KERELA STATE ELECTRONICS Vs. JAYSHREE N K

JUDGEMENT

(1.) HEARD the learned Advocates for the petitioners and the respondent No.1. Perused the records.

(2.) THE petitioners are challenging the judgment and order dated 19.8.2002, passed by the Industrial Court, Mumbai allowing the complaint filed by the respondent, and further directing the petitioners to desist from engaging in unfair Labour practices, and further to give her the status of a permanent employee with all the benefits which a permanent employee is entitled to with effect from 24.12.1987.

(3.) THE impugned order is sought to be challenged, firstly, on the ground that the State Government is not the appropriate Government within the meaning of the said expression under Section 2(a) of the Industrial Disputes Act, 1947, hereinafter called as "the said Act" for the purpose of reference of any dispute under the said Act and, therefore, considering the provision of Section 2(3) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter called as "the MRTU and PULP Act". The Industrial Court had no jurisdiction to entertain the complaint at the instance of the respondent. The contention is that the appropriate Government for the reference of the issue is the Central Government in terms of the provision contained in Section 2(a)(i) of the said Act. Bare perusal of the said provision contained under Section 2(a)(i) of the said Act would disclose that the Central Government cannot be the appropriate Government for reference of dispute in relation to the undertaking in question. Being so, there is no substance in the first ground of challenge.