RADHA SHYAM BAGARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner-company in its written statement inter alia contended that the Central government Industrial Tribunal at Calcutta had no jurisdiction to adjudicate the said reference on the ground that the Central government was not the appropriate Government to make the reference of the alleged dispute between the management of Maritime engineers and its workmen. The Presiding officer, Central Government Industrial Tribunal, by its order dated August 13, 1975, has held that the reference made by the Central govt, was legal, valid and tenable and it fixed the date of final hearing of the reference in question.

(2.) THE petitioner-company has obtained this Rule inter alia praying that the aforesaid order of the Tribunal be quashed and the tribunal be prohibited from further proceeding with the reference made by the Central Government.

(3.) THE short point in this Rule is whether the reference under S. 10 (l) (d) made by the central Government to the Central Industrial tribunal is valid. The answer to the said point would depend on the determination whether in relation to the dispute which has been referred to the aforesaid Tribunal the Central government was the appropriate Government within the meaning of S. 2 (a) of the Industrial disputes Act. The Presiding Officer of the central Government Industrial Tribunal has inter alia held that the workman concerned was a dock worker and, therefore, the alleged dispute was in relation to a major port. Therefore, the Central Government was competent to make the impugned reference.