National Airport Authority v. Mondira Bhattacharjee
1998-04-02
SURYA KUMAR TIWARI
body1998
DigiLaw.ai
Judgment This petition is directed against order No. 42 dared 22nd July, 1997 passed by the learned Judge, Third Industrial Tribunal, West Bengal in Case No. VIII-127/93. 2. The State of Bengal referred the instant dispute between Smt. Mondira Bhattachrjee and National Airport Authority, Calcutta Region to the Industrial Tribunal for adjudication. The petitioner, National Airport Authority raised a preliminary objection before the Tribunal and contended that since appropriate Government in respect of the petitioner is Central Government, the Government of West Bengal had no right to refer the dispute to the State Industrial Tribunal. The learned Tribunal has relied on the following citations – (1) LLJ 1967 (2) page 12 and (2) LLJ 1977 (2) page 336 and held that the State of the West Bengal was the appropriate Government and the order of reference was not beyond the ........ of the Government. 3. Being aggrieved by the said order, this petitioner under Article 227 of the Constitution of India has been filed. 4. The learned Counsel for the petitioner has invited my attention to the definition of appropriate Government in Section 2(a)(i) of I.D. Act wherein the Central Legislature has specifically added the name of Airport Authority of India in the Section, as a result of which Central Government alone would be the appropriate Government for referring an Industrial Dispute for adjudication. 5. The learned Counsel for the opposite party has relied on a case of (3) Food Corporation of India Workers' Union v. F.C.I. reported in AIR 1985 SC 488 and (4) AIR 1997 SC 645 . In both these cases the matter in controversy was as to is the appropriate Government in respect of Contract Labour (Regulation & Abolition) Act and the Apex Court held that the State Government would be the competent Government for referring the matter for adjudication in respect of bounded ............. The present case is not a case under the Contract Labour (Regulation & Abolition) Act but entirely under the Industrial Disputes Act. Then, I hold that a reference by the State Government was not competent. 6. I, therefore, allow the petition and set aside the impugned order and hereby quash the order of reference. The application is disposed of. There will be, however, no order as to costs.