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2010 Supreme(SC) 699

ALTAMAS KABIR, H.L.GOKHALE, CYRIAC JOSEPH
Tata Memorial Hospital Workers Union – Appellant
Versus
Tata Memorial Centre – Respondent


Advocates appeared:
For the Appellants:Colin Gonsalves, Sr. Advocate, Vinod T. Mirajkar, Divya Jyoti Jaipuriar, Ms. Jyoti Mendiratta, Advocates. For the Repsondents:Soli J. Sorabjee, Sr. Advocate, Amit Kumar Singh, Shiv Kumar Suri, Advocates.

Judgement Key Points

The legal issue at hand pertains to determining whether the Tata Memorial Centre functions under the authority of the Central Government or operates as an independent entity, which directly impacts which government is considered the "appropriate government" for the purposes of industrial dispute resolution and trade union recognition.

The key considerations involve the nature of the control and management of the Centre, the vesting of property, and the operational autonomy of the institution. The facts indicate that although the property was initially transferred to the Central Government and the Centre is listed under the rules for allocation of government business, the actual management and control are exercised by the Governing Council of the Society, which functions independently. The evidence shows that the Society manages day-to-day operations without interference from the Central Government, and the employees are not government servants.

Furthermore, the property is deemed to be vested in the Governing Council, and the institution’s functions are carried out with significant autonomy. The agreement and legal arrangements suggest that the Centre was established as an independent society with its own management structure, rather than as a direct arm of the Central Government.

Therefore, based on the legal principles governing the interpretation of "industry" and "appropriate government," and considering the specific facts related to property vesting, control, and operational independence, the appropriate government for the Tata Memorial Centre is the State Government. This conclusion aligns with the criteria that the industry is not carried on under the authority of the Central Government, but rather functions independently under its own governance.

This determination affects the maintainability of certain applications and recognition of trade unions under relevant statutes, with the final ruling affirming that the State Government is the appropriate authority for the Centre, and that the applications filed under the relevant labour laws are maintainable.


Judgment :-

Gokhale, J.

1. Leave granted.

2. This appeal is directed against the judgment and order of a Division Bench of the Bombay High Court dated 10.2.2009 in Appeal No.133 of 2002 arising out of Writ Petition No. 2148 of 2001, whereby the Division Bench has held that for the first respondent establishment, the Central Government was the `appropriate government' for the purposes of application of Section 2(3) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971 (hereinafter referred to as the M.R.T.U. and P.U.L.P. Act) read with Section 2(a) of the Industrial Disputes Act 1947 (hereinafter referred to as the I.D. Act). The Division Bench has held that the State Government was not the `appropriate government' for this purpose. Consequently the Applications concerned in the present matter filed under the MRTU and PULP Act, namely the Application of the second respondent for cancellation of the status of the applicant as the recognized union under respondent No. 1, and Application for substitution of second respondent in place of the appellant, as the recognized union, were held to be non-maintainable. The appellant is aggrieved by the
























































































































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