JARWAN MISTRY Vs. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT NO. 3 AND OTHERS

JUDGEMENT

(1.) In this application the petitioner has challenged the validity of the order dated 24.7.1980 as contained in Annexure 4 passed by respondent no. 1 by which it held that the application filed by the petitioner under Sec. 33 -C (2) of the Industrial Disputes Act 1947 (the Act) was not maintainable before it as it had no jurisdiction. Respondent no. 2 entrusted respondent no. 3 with the work of construction of Coal Washery at Sudamdih. The petitioner was employed by respondent no. 3 in the construction of the Coal Washery. When the Coal Washery was under construction, the petitioner and others filed a joint application under Sec. 33 C (2) of the Act for computation of benefit. This was filed before respondent no. 1, the Labour Court constituted by the Central Government. Respondents no. 2 and 3 appeared and filed separate written statements. In both the written statements, inter -alia, they contended that the Labour Court constituted by the Central Government had no jurisdiction to entertain the application. That contention was accepted by respondent no. 2 (sic).

(2.) Mr. Baban Lal, Learned Counsel appearing on behalf of the petitioner submitted that coal industry is a controlled industry and also an industry declared under the Industrial (Development & Regulation) Act, 1951 and, therefore, the Central Government is the appropriate Government with regard to coal washery; therefore, the Labour Court constituted by it had jurisdiction to entertain the application filed by the petitioner and others. Mr. Roy, Learned Counsel appearing on behalf of respondent no. 3 submitted that in view of the definition of the Mine in the Mines Act, 1952, coal washery under construction cannot be said to be a mine, therefore, the finding recorded by respondent no. 1 that it had no jurisdiction to entertain the application should not be interfered with. The submission of Mr. Roy was also adopted by Mr. Chaterjee, Learned Counsel appearing on behalf of respondent no. 2.

(3.) Under the definition of 'appropriate Government' in Sec. 2 (a) of the Act, Central Government is the appropriate Government in relation to a mine. Under the Mines Act, "mine" means a mine as defined in clause (j) of sub -clause (i) of Sec. 2of the Mines Act. In clause (j) there are eleven sub -clauses and we are concerned with sub -clause (xi) which reads as follows : - -