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2002 DIGILAW 535 (JHR)

Indian Institute Of Coal Management v. Union Of India

2002-04-30

M.Y.EQBAL

body2002
ORDER M.Y. Eqbal, J. 1. Heard the parties. 2. The petitioner. Indian Institute of Coal Management, has prayed for quashing the notification dated 28.1.2000 issued by the Central Government, being the appropriate Government in exercise of power under Section 10 of the Industrial Disputes Act ordering reference of the dispute for adjudication to the Industrial Tribunal. Dhanbad. 3. Mr. A. Sen, learned counsel for the petitioner assailed the impugned notification mainly on the ground that the Central Government is not the appropriate Government and. therefore, the entire reference is bad in law. In this connection, learned counsel relied upon a recent decision of the Supreme Court in the case of Steel Authority of India Limited and Ors. v. National Union Waterfront Workers and Ors., reported in (2001) 7 SCC 1 . 4. It appears that the workers working in the Indian Institute of Coal Management raised objection and Industrial Dispute for their regularisation in service. The petitioner has asserted in para 20A of the writ petition that earlier a similar dispute was raised by some of the employees and a failure report was sent to the Central Government but the Central Government refused to refer the dispute on the ground that the Indian Institute of Coal Management is not an Industry. It is, therefore, evident that on earlier occasion also the Central Government exercised power as an appropriate Government in the matter of reference of dispute for adjudication. Reference of the dispute by the Central Government as appropriate Government was also in accordance with the decision of the Supreme Court in the case of Air India Statutory Corporation v. United Labour Union. 1997 (9) SCC 377 . 5. Mr. Sen, learned counsel for the petitioner submitted that the judgment rendered in Air Indias case has been overruled by the Supreme Court in Steel Authoritys case (supra). 6. From perusal of the judgment passed by the Supreme Court in Steel Authoritys case, it is evident that it has been mentioned in sub-para (4) of para 125 of the judgment that the Judgment in Air India case has been overruled prospectively and it was declared that any direction issued by any Industrial adjudicator/any court including the High Court for absorption of contract labour following the judgment in Air India case shall hold good and cannot be set aside. 7. 7. The judgment in Steel Authoritys case has been delivered by the Supreme Court recently on 30.8.2001. The impugned order of reference was passed by the Central Government as an appropriate Government on 28.1.2000. In my opinion, therefore, the impugned order cannot be set aside on the ground that the Central Government is not the appropriate Government by applying the principles decided in Steel Authoritys case. 8. Be that as it may, the petitioner would be entitled to raise all the points before the tribunal including the validity of reference made by the Central Government, as an appropriate Government. 9. For all these reasons 1 do not find any reason to interfere with the impugned order passed by the Central Government. This writ application is accordingly, dismissed.