THE MANIPAL ACADEMY OF HIGHER EDUCATION, DEEMED UNIVERSITY, MANIP AL, UDUPI DISTRICT

STATE OF KARNATAKA AND OTHERS

(A) INDUSTRIAL DISPUTES ACT, 1947, Sections 2(a), 7-A and 10(1)(d) and items 7 and 11 of Third Schedule University Grants Commission Act, 1956, Section 3 - Deemed University - Industrial dispute relating to pay revision of no-teaching staff of - Appropriate Government to refer dispute to industrial Tribunal for adjudication - Since institution has been recognised and declared as deemed University by issuance of notification by Central Government in exercise of its power under Section 3 of University Grants Commission Act, “Appropriate Government” to make reference is Central Government and reference made by State Government is not competent.

H.V.G. Ramesh, J., Held: Under the provisions of the UOC Act, the petitioner-Institution is recognized as a deemed University. UGC is the authority to exercise the powers as per the definition provided under the authority having regard to the nature of the establishment of the petitioner-institution and the same has been recognized as deemed University under the provisions of the Central legislation. So, the appropriate Government is the Central Government. . . . . For the foregoing reasons, while holding that the petitioner-University is recognized under the Central Government and the appropriate Government is the Central Government, the writ petition is disposed of, while setting aside the order of reference made by the State Government to the Industrial Tribunal, Mysore. It is for the Association to move the appropriate Government to seek the redressal. (paras 9 and 11)

(B) INDUSTRIAL DISPUTES ACT, 1947, Section 2(j) and (k) - Deemed University - Held, to be industry - Dispute relating to wage revision of its non-teaching staff, amounts to industrial dispute.

H. V.G. Ramesh, J., Held: Apart from the basic principles regarding the systematic running of the organization there is a relationship of employer and employee, of course these two aspects are satisfied. The Industrial Disputes Act is applicable. (para 10)

Writ Petition No. 43521 of 2004 (L-RES).

The Court made the following:

ORDER

In this writ petition, petitioner has sought for to quash the order of reference dated 8-12-2003 passed by the 1st respondent at Annexure-A and consequently, the proceedings before the Tribunal in Ref. No. 164 of 2003 by issuing writ of certiorari and for such other reliefs.

2. This Court had earlier disposed of this matter on 24-6-2005 allowing the writ petition and quashing the impugned order of reference made to the Industrial Tribunal, Bangalore with a direction to the 1st respondent to make reference to the Industrial Tribunal, Mysore within two months for disposal of the case. Of course, the stand taken by the petitioner therein while disposing of the matter is that petitioner is not an industry and the appropriate Government is the Central Government and it is the Industrial Tribunal at Mysore which has territorial jurisdiction and not the Industrial Tribunal at Bangalore. Even the Counsel appearing for respondents 2 and 3 had no objection to make reference to the Industrial Tribunal, Mysore. However, this order has been challenged before the Division Bench of this Court in Writ Appeal No. 3341 of 2005, wherein the Division Bench has observed that, the Labour Court cannot go beyond the point of reference made by the Competent Authority since already reference was made by the State Government and while deciding the point of dispute the Industrial Tribunal cannot frame an issue with regard to whether the appellant is an industry and whether the appropriate Government to make a reference is the Central Government or the State Government and whether the third respondent-Union which is not recognized by the management could have raised a dispute, it is ordered that these are the issues to be considered by the Single Judge and it cannot be decided by the Industrial Tribunal. Accordingly, the earlier

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