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1999 Supreme(SC) 796

S.RAJENDRA BABU, S.SAGHIR AHMAD
F. C. I. – Appellant
Versus
Transport And Dock Workers Union – Respondent


ORDER

1. In this bunch of petitions one of the questions argued before us by the learned counsel for the parties relates to the definition of "appropriate Government" set out in Section 2(1)(a) of the Contract Labour (Regulation and Abolition) Act, 1970. While it is maintained by the petitioners that the appropriate Government would be the Central Government, the respondents contend that the State Government and not the Central Government would be the appropriate Government. Reference is also made to the definition of 64 appropriate Government" set out in Section 2(a) of the Industrial Disputes Act, 1947.

2. This question has been considered by this Court in a number of decisions. While considering the provisions of the Industrial Disputes Act, a three-Judge Bench in Hindustan Aeronautics Ltd. v. Workmen ((1975) 4 SCC 679 : 1975 SCC (L&S) 377) held that the appropriate Government would be the State Government even though the Company was wholly owned and controlled by the Central Government. A two-Judge Bench in Heavy Engg. Mazdoor Union v. State of Bihar ((1969) 1 SCC 765) also took the same view which was followed in Hindustan Aeronautics Ltd.((1975) 4 SCC 679 : 1975 SCC (L&S) 377






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