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1985 Supreme(Bom) 264
IN THE HIGH COURT OF BOMBAY
Mrs. Sujata V. Manohar, J.
International Airports Authority of India.... Petitioners.
Versus
P.K. Srivastava others.... Respondents.
Writ Petition No. 1748 of 1981, decided on 9-10-1985.
Advocates appeared :
S.K. Talsania i/b. Bhaishankar Kanga Girdharilal, for petitioners.
R.J. Kocher, for respondents 1 2.
The International Airports Authority of India is an industry carried on by or under the authority of the Central Government, and therefore, the Central Government is the appropriate authority to make a reference under the Industrial Disputes Act, 1947, in a dispute between the Authority and its employees.
Headnote:
INDUSTRIAL DISPUTES ACT - APPROPRIATE GOVERNMENT - INTERNATIONAL AIRPORTS AUTHORITY OF INDIA - WHETHER AN INDUSTRY CARRIED ON BY OR UNDER THE AUTHORITY OF THE CENTRAL GOVERNMENT - INTERPRETATION OF SECTION 2(A)(I) OF THE INDUSTRIAL DISPUTES ACT, 1947.
Fact of the Case:
The International Airports Authority of India (petitioner) challenged a Labour Court order holding that the State Government was the Appropriate Government for making a reference under the Industrial Disputes Act, 1947, in a dispute between the petitioner and its employee (respondent). The petitioner contended that the Central Government was the appropriate authority.
Finding of the Court:
The court held that the International Airports Authority of India was an industry carried on by or under the authority of the Central Government and, therefore, the Central Government was the appropriate authority to make a reference under the Industrial Disputes Act, 1947.
Issues: 1. Whether the International Airports Authority of India is an industry carried on by or under the authority of the Central Government? 2. Which government is the appropriate government for making a reference under the Industrial Disputes Act, 1947, in a dispute between the International Airports Authority of India and its employee?
Ratio Decidendi: 1. The court interpreted section 2(a)(i) of the Industrial Disputes Act, 1947, and held that the International Airports Authority of India was covered by the first part of the definition of "appropriate Government" as an industry carried on by or under the authority of the Central Government. 2. The court considered the provisions of the International Airports Authority Act, 1971, and found that the Authority was created by and functioned under the authority of the Central Government.
Final Decision: The court set aside the Labour Court order and prohibited the Labour Court from proceeding with the reference. The court also directed the Central Government to dispose of the workman's application for a reference expeditiously.
2. It seems that initially the respondent Nos. 1 and 2 had approached the Central Government for the purpose of making a reference under the Industrial Disputes Act, 1947. The Central Government by its letter dated 9-11-1976 informed respondents Nos. 1 and 2 that the Central Government was not the appropriate Government and hence no reference was being made by the Central Government. Thereafter the State Government made a reference of the said dispute to the Labour Court under the provisions of the Industrial Disputes Act, 1947. The petitioners contended before the Labour Court that the State Government was not competent to make the reference in question. According to the petitioners the appropriate Government for this purpose is the Central Government. The Labour Court negatived this contention of the petitioner. The present writ petition challenging this order of the Labour Court.
3. Under section 10 of the Industrial Disputes Act, 1947 where the appropriate Government is of opinion that any industrial dispute exists or is apprehended it may at any time by order in writing refer the dispute to the appropriate authority referred to in that section. The term "appropriate Government" is defined in section 2(a) of the Industrial Disputes Act, 1947. The definition has been amended with effect from 21st August, 1984 as a result of the Industrial Disputes (Amendment) Act of 1982. Prior to this amendment the material part of the definition was as follows :
"2(a) 'appropriate Government means'---
(i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government or in relation to an industrial dispute concerning the Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948), or ......, the Central Government and (ii) in relation to any other industrial dispute the State Government."
The portion of the definition which is not reproduced above enumerates certain statutory corporations. The name of the International Airports Authority does not figure in this enumeration.
4. After the amendment of 1982 which came into force in August 1984 the enumeration of various statutory corporations and other bodies has been considerably enlarged. The name of the International Airport Authority of India figures in this enlarged definition. As a result of the amendment there can be no doubt that the appropriate Government for the purpose of making a reference in respect of a dispute between the International Airports Authority of India and its workmen would be Central Government. The present reference however, was made on 27th of June, 1977 prior to the said amendment. It is, therefore, necessary to consider whether the present industrial dispute ca
