The appropriate government to refer an industrial dispute for adjudication is the government that has jurisdiction over the industry in which the dispute arises.

( 1 ) THIS is an appeal from a judgment and order of Banerjee J. dated December 19, 1949 dismissing an application for a 'mandamus' or a writ of 'certiorari'.

( 2 ) THE appellants are a limited company who manufacture soda water and on January 3, 1947 they entered into an agreement with the Governor General in Council acting through the Chief Commercial Manager of the East Indian Railway Administration in Calcutta by which they secured the catering rights of providing mineral waters on the East Indian Railway system. By the agreement, they acquired a right to sell their mineral waters on the stations of the East Indian Railway and on the trains running on that railway and under the contract the Government had a right to fix maximum prices and to control to some extent the work of the appellants.

( 3 ) A trade dispute occurred between the appellants and their workmen and the Government of West Bengal by its order dated December 28, 1948 referred this dispute for adjudication by Mr. P. K. Sarkar. An application was made to this Court for a writ of 'mandamus' or 'certiorari' on the ground that this was a dispute which could not be referred for adjudication by the Government of West Bengal. It was suggested that the dispute could only be referred to for adjudication under the Industrial Disputes Act by the Central Government as the appellants were carrying on business by authority of the Central Government.

( 4 ) SECTION 10 (1) of the Industrial Disputes Act provides:"if any industrial dispute exists or is apprehended, the appropriate Government may, by order in writing,. . . . . . . . . . . . . . . . (c) refer the dispute to a Tribunal for adjudication. " "appropriate Government" is defined in Section 2 (a) (i) as meaning: "in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government, by the Federal Authority or by a railway company operating a Federal Railway or in relation to an industrial dispute concerning a mine, oilfield, or a major port, the Central Government, and (ii) in relation to any other industrial dispute, the Provincial Government. "

( 5 ) THE argument of the appellants before Banerjee J. was that the appropriate government to make an order for referring this dispute to adjudication was the Central Government as the dispute concerned an industry carried on by or under the authority of the Central Government.

( 6 ) BANERJEE J. was of opinion that the business of the appellants was not a business carried on by or under the authority of the Central Government or by any railway.

( 7 ) IT must be remembered that the Industrial Disputes Act deals with disputes between employers and labour and industries carried on behalf of or on the authority of Government are also dealt with in Section 2 (g) of the Industrial Disputes Act in which the word "employer" is explained. "employer" means:" (i) in relation to an industry carried on by or under the authority of any department of a Government in British India, the authority is prescribed, the head of the department; (ii) in relation to an industry carried on by or on behalf of a local authority, the Chief Executive Officer of that authority. "

( 8 ) THE argument for the appellants is that as the appellants have entered into a contract with the Central Government to provide amenities for railway passengers which the railway would normally be called upon to provide, they are carrying on an industry by the authority of the Government.

( 9 ) IT seems to me that what is referred to in Section 2 (a) (i) and Section 2 (g) (i) is any industry owned by Government which is being carried on by Government itself either through a department or by some authority created by Government to carry on that industry. An industry carried on by or under the authority of Government is a Government industry (which as I have said may be carried on directly by [government or by somebody or person nominated by Government