MAZGAON DOCK LIMITED Vs. SHIVBRAT JAGROOP MISHRA

JUDGEMENT

(1.) So far as Appeal No.566 of 2001 is concerned, the relevant facts are that the Respondent No.1 filed a complaint before the Industrial Court being complaint ULP No.278 of 1997 under the Unfair Labour Practices Act claiming that the Mazgaon Dock Ltd. is guilty of committing unfair labour practice.

(2.) That decision was challenged by the Employer by filing Writ Petition No.2040 of 1999. That Writ Petition was decided by the learned single Judge of this Court by order dated 30th April, 2001. The learned single Judge upheld the decision of the Industrial Court. Appeal No.566 of 2001 is filed challenging that judgment.

(3.) A complaint under the Unfair Labour Practices Act was filed against the Mazgaon Dock Ltd. by two complainants namely Suresh R. Salunke and Narayan R. Pednekar alleging that Mazgaon Dock/employer is guilty of certain unfair labour practice. In that complaint, an objection was raised on behalf of the Employer that in relation to Mazgaon Dock the Central Government is the appropriate Government and therefore, the complaint under the Unfair Labour Practices Act is not maintainable. That objection was decided by order dated 24-8-1998 by the Industrial Court. The Industrial Court held that the Central Government is the appropriate government and therefore the provisions of Unfair Labour Practices Act are not applicable. The original complainants challenged that decision of the Industrial Court in Writ Petition No.2187 of 1998. That Writ Petition has been decided by the learned single Judge of this Court alongwith Writ Petition No.2040 of 1998 referred to above. By common judgment passed in Writ Petition No.2040 of 1998 and Writ Petition No.2187 of 1998 the learned single Judge set aside the order passed by the Industrial Court and held that the State Government is the appropriate government because of the notification issued by the Central Government dated 3rd July, 1998, and therefore, the complaint under the Unfair Labour Practices Act was maintainable.