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2009 DIGILAW 81 (ALL)

HINDUSTAN CABLES LTD. v. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, (I)

2009-01-12

D.P.SINGH

body2009
JUDGMENT : D.P. SINGH, J. 1. Heard Sri Vijay Ratan Agarwal, learned senior advocate assisted by Sri Piyush Bhargava for the petitioner and Sri K.N. Misra for the respondent-workmen. This petition is directed against a common award dated December 21, 2006 passed in seven references in favour of the workmen. 2. Hindustan Cables Limited is a Government of India Undertaking having its registered office at 9 Elgin Road, Kolkata. One of its factories is situated in Naini at Allahabad and is engaged in, manufacturing of optical fibre cables and its accessories. The petitioner establishment is registered under the Contract Labour (Regulation and Abolition) Act, 1970 (here-in-after referred to as the "Contract Act") for awarding contract for its work. The respondent No. 2 is a private organisation dealing in providing security, personnel to various organisations and it is also registered under the Contract Act. For the purposes of ensuring the security of its establishment, the petitioner had awarded a security contract to the, respondent No. 2. In pursuance of the said contract, the workmen were engaged by the respondent establishment to ensure the security of the petitioner establishment. It appears that the services of the workmen were dispensed with by the respondent establishment and the contract of engagement with the petitioner also came to an end on June 30, 2000. The individual workmen raised their industrial dispute which was referred to the Industrial Tribunal at Allahabad where the impugned award has been rendered. 3. Learned Counsel for the petitioner has urged that the appropriate Government for the petitioner is the Central Government and the reference made by the State Government was beyond its jurisdiction and, therefore, the award rendered therein is also vitiated. 4. It is not disputed that the petitioner is a Government of India, Undertaking which is being run for and on behalf of the Central Government. The Industrial Disputes Act, 1947 (hereinafter referred to the "Central Act") empowers the Central Government to refer labour disputes u/s 10 of the U.P. Industrial Disputes Act to the Presiding Officer appointed by the Central Government. Under the LLP; Industrial, Disputes Act, 1947 (hereinafter referred to as the State Act), the State Government can refer a dispute u/s 10-K to the Labour Court and the Industrial Tribunals established under the State Act. Under the LLP; Industrial, Disputes Act, 1947 (hereinafter referred to as the State Act), the State Government can refer a dispute u/s 10-K to the Labour Court and the Industrial Tribunals established under the State Act. A perusal of the references order shows that all the references were made by the State Government u/s 4-K of the said Act. However, learned Counsel for the respondents contends that u/s 39 of the Central Act, the Central Government had delegated the power of references to the State Government and therefore, the State Government was within its jurisdiction to have referred the matter. A perusal of the notification dated July 3, 1998 shows that the power under the Central Act had been delegated to the Central Government, meaning thereby that the reference had to be made u/s 10 of the Central Act and only to the authority appointed thereunder. In the present case, the reference has been made u/s 4-K of the State Act and also to the authorities appointed under the State Act. This argument has been considered in detail by a learned single Judge of this Court rendered in the case of National Textile Corporation (U.P.) Ltd., Kanpur and Anr. v. State of U.P. and Ors. (2005) LIC 485. After relying upon several decisions of the Apex Court, it held that the State Government could not have referred a matter with regard to a Central Government Undertaking under the State Act. The present issue is entirely covered by the aforesaid decision. 5. For the aforesaid reasons, this petition succeeds and is allowed and the impugned award rendered in the adjudication cases is hereby quashed. No order as to costs.