fJudgment

UNTWALIA, J. :- This is an appeal by special leave filed by Hindustan Aeronautics Ltd. from the award dated 8-3-1969 made by the fifth Industrial Tribunal, West Bengal. The Governor of West Bengal made the reference under Section 10 (1) of the Industrial Disputes Act 1947 - hereinafter called the Act, for adjudication on the following 5 issues:

"(1) Allowance for the education of employees children;

(2) House Building loan;

(3) Free conveyance or conveyance allowance;

(4) Revision of Lunch allowance;

(5) Whether the following canteen employees should be made permanent" -the names of 10 employees given.

The Tribunal granted no relief to the workmen on issues 2 and 3, allowed their claim in part in respect of issues 1, 4 and 5. Feeling aggrieved by the said award the appellant which is a Government company constituted under Section 617 of the Companies Act, the shares of which are entirely owned by the Central Government, has filed this appeal. The dispute relates to about 1,000 workmen working at the Barrackpore (West Bengal) branch of the Company s repairing workshop represented by the Hindustan Aeronautics workers Union, Barrackpore.

2. The competency of the Government of West