1968 Supreme(Goa) 21

Goa High Court
V.S.JETLEY
Goa Dock Labour Union - Appellant
Versus
Government of the Union Territory of Goa, Daman and Diu - Respondent
Decided On : 06/28/1968

Headnote:

INDUSTRIAL DISPUTES ACT, 1947 - S. 10(1) - APPROPRIATE GOVERNMENT - REFERENCE OF INDUSTRIAL DISPUTE - VALIDITY - MAJOR PORT - DEFINITION - PORT OF MORMUGAO - BARGE CREW - WHETHER INDUSTRIAL DISPUTE CONCERNING MAJOR PORT - CENTRAL GOVERNMENT OR STATE GOVERNMENT - APPROPRIATE GOVERNMENT - INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 - R. 2(F) - GENERAL CLAUSES ACT, 1897 - S. 3(8)(B)(III), 3(60)(C) - GOVERNMENT OF UNION TERRITORIES ACT, 1963 - S. 46(2), 46(3) - CONSTITUTION OF INDIA - ARTS. 239(1), 246(4).

Fact of the Case:

The petitioners, a trade union representing barge crew and an individual barge crew member, challenged the validity of an order of reference made by the State Government under Section 10(1) of the Industrial Disputes Act, 1947, referring an industrial dispute between the barge crew and the respondent-employers to an Industrial Tribunal for adjudication. The petitioners contended that the dispute concerned a major port and therefore the Central Government, and not the State Government, was the appropriate Government under the Act to make the reference. The respondent-employers contended that the dispute did not concern the major port and that the State Government was the appropriate Government. The Industrial Tribunal was of the view that it had jurisdiction to decide the question of the validity of the reference.

Finding of the Court:

The Court held that the order of reference made by the State Government was valid and that the Central Government was not the appropriate Government for the purposes of the reference. The Court found that the industrial dispute did not concern the major port of Mormugao and that the barge crew were not engaged in activities that were connected with or incidental to the functioning of the major port. The Court also held that the Administrator of the Union Territory, acting on behalf of the Central Government, was the appropriate Government for the purposes of the reference, as per Rule 2(f) of the Industrial Disputes (Central) Rules, 1957, Section 3(8)(b)(iii) and Section 3(60)(c) of the General Clauses Act, 1897, and Section 46(2) and 46(3) of the Government of Union Territories Act, 1963.

Issues: 1. Whether the industrial dispute concerned a major port, thereby making the Central Government the appropriate Government for the purposes of reference under the Industrial Disputes Act, 1947? 2. Whether the barge crew were engaged in activities that were connected with or incidental to the functioning of the major port? 3. Whether the Administrator of the Union Territory, acting on behalf of the Central Government, was the appropriate Government for the purposes of the reference?

Ratio Decidendi: 1. The definition of "appropriate Government" under Section 2(a) of the Industrial Disputes Act, 1947, provides that in relation to an industrial dispute concerning a major port, the Central Government is the appropriate Government. 2. The definition of "major port" under Section 2(1)(a) of the Act refers to a port defined in Clause 8 of Section 3 of the Indian Ports Act, 1908. 3. The port of Mormugao was declared as a major port by the Central Government under Clause 8 of Section 3 of the Indian Ports Act, 1908. 4. The barge crew were not engaged in activities that were connected with or incidental to the functioning of the major port of Mormugao. 5. Rule 2(f) of the Industrial Disputes (Central) Rules, 1957, provides that in relation to an industrial dispute in a Union Territory, for which the appropriate Government is the Central Government, reference to the Central Government or the Government of India shall be construed as a reference to the Administrator of the territory. 6. Section 3(8)(b)(iii) of the General Clauses Act, 1897, provides that "Central Government", in relation to the administration of a Union territory, includes the administrator thereof acting within the scope of the authority given to him under Article 239 of the Constitution. 7. Section 3(60)(c) of the General Clauses Act, 1897, provides that "State Government", as respects anything done or to be done after the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean, in a Union Territory, the Central Government.

Final Decision: The petition challenging the validity of the order of reference made by the State Government was dismissed. The Court held that the order of reference was valid and that the Central Government was not the appropriate Government for the purposes of the reference.