DHARAM CHAND Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The common question involved in the above noted three writ petitions is : - "Whether the Central Government or the State Government is the Appropriate Government for the purpose of making the reference under section 10, of the Industrial Disputes Act, 1947 concerning the dispute between the respondent Corporation and its workmen

(2.) The detailed facts of the present cases need not to be reproduced by us as they are not relevant for the purpose of controversy involved. Suffice to say that the petitioners are working in various capacities under the respondent Corporation in their Baira Siul project and Chamera Project Certain disputes arose between the respondent Corporation and its Workmen namely; the petitioners. The State Government vide three separate notifications, referred the dispute to the Industrial Tribunal for adjudication. During the course of pendency of the proceedings before the Industrial Tribunal, an objection was raised on behalf of the respondent Corporation as to the validity of the reference made by the State Government section 10 of the Industrial Disputes Act, 1947. It was alleged by the respondent Corporation that the appropriate Government for making a reference of the dispute to the Industrial Tribunal was the Central Government. Therefore, the reference made by the S ate Government was not valid. The Industrial Tribunal upheld the objection raised on behalf of the respondent Corporation vide its three separate order dated 11 -11 -1994 (subject -matter of C W. P. No. 1200 of 1995), and dated 11 -11 -1994 subject -matter of C. W. P. No. 1543 of 1995) and dated 19 -4 -1995 subject -matter of C. W. P. No. 1199 of 1995). It was held that the references in question were illegal having been made without jurisdiction and that the dispute could not be adjudicated upon,

(3.) By virtue of present writ petitions, the petitioners have approached this court seeking issuance of necessary writ, order or direction for quashing the impugned order of the Industrial Tribunal as at Annexure P -l to the writ petitions. It was averred that the State Government was the appropriate Government for making the necessary reference of the dispute to the Industrial Tribunal under section 10 of the Industry Disputes Act, 1947.