POTTERY MAZDOOR PANCHAYAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is taken up for hearing by treating it as included in the day's cause list.

(2.) The appellants herein were the original writ petitioners and the respondents herein were the respondents in the writ petition out of which the present appeal arises. The relief claimed in the said writ petition, inter alia, was to direct the respondents to give effect forthwith to the order dated September 8, 1987 and the circular dated September 17, 1987 (annexures "A" and "B", to the writ petition) and to extend the benefit of enhanced interim relief to the concerned employees of the second respondent-company, in terms of the said order and the said circular. The writ petition was dismissed by the learned single judge holding that in view of the decision of the Supreme Court in State of Rajasthan v. Swaika Properties, this court had no territorial jurisdiction to entertain the writ petition. Hence, the present appeal.

(3.) The order (annexure "A") issued by the Government of India, Ministry of Industry (Bureau of Public Enterprises), states, inter alia, that the Government had decided to authorise the management of public sector enterprises of industrial D. A. to sanction interim relief to employees with effect from January 1, 1986, in enterprises where the period of validity of wage settlements had expired or was to expire shortly. The rates at which the interim relief was payable were also specified in the order. The circular, annexure "B" is substantially in terms similar to the order, annexure "A" and it was specifically addressed, inter alia, to the third respondent (the managing director of the second respondent company). Be it stated, at this stage that the second respondent is a wholly owned Government company operating in the public sector, and that it has its registered office as well as head office in Calcutta. .