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2015 Supreme(Raj) 276
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL AMBWANI & JAISHREE THAKUR, JJ.
Ganpat Singh – Appellant
Vs.
Ambuja Cement Limited – Respondent
Civil Special Appeal (W) No. 1276, 1334, 1391, 1393, 1400, 1401, 1406, 1410, 1411, 1440, 1449, 1467, 1613, 1672, 1673 of 2014
Decided On : 10.4.2015
Advocate Appeared:
Dr. Nupur Bhati, Mr. Gajendra Singh Rathore, Mr. Umesh Chandra Sharma for the Appellants.
Mr. R.S. Saluja, Mr. Nitin Ojha for the Respondents.
Headnote:(a) Industrial Disputes Act,1947, Sec. 2(a) - "Appropriate Government" - As to which Govt. will be appropriate Govt. for specified industries? - Jurisdiction of labour Court, Jodhpur to entertain the reference of the industrial dispute raised by the workman of the Cement Industry, being specified - Held - In respect of the employees of the Cement Industry covered by the notification dated 8.12.1977, both the State and Central Governments are appropriate Government - Labour Court, Jodhpur has jurisdiction to decide the dispute referred by the State Govt. of Rajasthan. (Para 5)
¼d½ vkS|ksfxd fookn vf/kfu;e] 1947] /kkjk 2¼a,½ & ^^leqfpr ljdkj** & fofufnZ"V m|ksxksa ds fy, dkSulh ljdkj ^^leqfpr ljdkj** gksxh\ & fofufnZ"V gksus ds dkj.k lhesUV m|ksx ds deZdkj }kjk mBk;s x;s vkS|ksfxd fookn ds jsQjsal dks xzg.k djus dh Je U;k;ky;] tks/kiqj dh vf/kdkfjrk & vfHkfu/kkZfjr & vf/klwpuk fnukafdr 8-12-1977 ls vko`r lhesUV m|ksx ds deZpkfj;ksa ds lEcU/k esa jkT; vkSj dsUnz ljdkj nksuksa gh ^^leqfpr ljdkj** jktLFkku ljdkj }kjk funsZf'kr fookn dks fofuf'pr djus gsrq Je U;k;ky; tks/kiqj dks vf/kdkfjrk izkIr gSA ¼in la[;k 5½
(b) Industrial Disputes Act,1947, Sec. 33-C(2) - Entitlement of the employees to the pay allowances and other benefits in accordance with Cement Wage Board award - Contention that workman were employed through contractors - Not accepting the plea, the Labour Court held that the Cement Wage Board award will be applicable to them - In writ petition Single Judge remanded the matter on the ground that Labour Court was required to decide rights of parties in accordance with the Tripartite settlement - Held - Learned Single Judge without appreciating the findings recorded by Labour Court remanded the matter - The Tripartite settlement was with held and was not produced before Labour Court, Single Judge and even in Special Appeal - No opportunity could have been given to consider the effect of the settlement which was concealed from the Court - Committed error of law in remanding the matter. (Paras 14 to 19)
Special appeal allowed.
¼[k½ vkS|ksfxd fookn vf/kfu;e] 1947] /kkjk 33&lh¼2½ &lhesUV osru e.My vf/kfu.kZ; ds vuqlkj osru] HkRrksa vkSj vU; ifjykHkksa dh deZpkfj;ksa dh ik=rk & izfrdkj fd deZdkj lafonkdkjksa ds tfj;s fu;ksftr fd;s x;s Fks & bl vfHkokd~ dks Lohdkj ugha djrs gq,] Je U;k;ky; us ;g vfHkfu/kkZfjr fd;k fd lhesUV osru e.My vf/kfu.kZ; mu ij ykxw gksxk & fjV ;kfpdk esa ,dy U;k;k/kh'k us bl vk/kkj ij ekeyk izfrizsf"kr fd;k fd Je U;k;ky; dks f=i{kh; le>kSrs ds vuqlkj i{kdkjksa ds vf/kdkjksa dks fofuf'pr djuk pkfg;s Fkk & vfHkfu/kkZfjr & fo}ku~ ,dy U;k;k/kh'k us Je U;k;ky; }kjk ntZ fu"d"kZ dk ewY;kadu fd;s fcuk ekeyk izfrizsf"kr fd;k & f=i{kh; le>kSrk fNik;k x;k vkSj mls Je U;k;ky;] ,dy U;k;k/kh'k vkSj ;gka rd fd fo'ks"k vihy esa Hkh is'k ugha fd;k x;k & ml le>kSrs ds izHkko ij fopkj djus dk dksbZ volj ugha fn;k tk ldrk Fkk] ftls U;k;ky; ls fNik;k x;k Fkk & ekeys dks izfrizsf"kr djus esa fof/kd =qfV dhA
fo'ks"k vihysa Lohdkj dhA
1. Heard learned counsels appearing for the parties.
2. A preliminary objection has been raised by learned counsel appearing for the respondent – Ambuja Cement Limited that Labour Court, Jodhpur had no jurisdiction to entertain the reference made by the State Government on 17.03.2009 in respect of the alleged employees of Ambuja Cement Ltd. inasmuch as Ambuja Cement Limited, Rabriyawas, Tehsil Jaitaran District Pali is specified industry included in the First Schedule of Industries (Development and Regulation) Act, 1951 at item No. 35. It is submitted that industrial disputes relating to the employees of the specified industry can be adjudicated only by the Central Industrial Tribunal constituted by the Central Government. He has relied on judgment in Steel Authority of India Ltd. & Others vs. National Union Water Front Workers and Others, AIR 2001 SC 3527 (1). In paragraph-122 of the judgment, the Constitution Bench held that after January 28, 1986 in view of the new definition of the expression “appropriate Government” the answer to the question as to which government will be appropriate Government for specified industries has to be found in Clause (a) of Section 2 of the Industrial Disputes Act i.e. if (i) the concerned Central Government company/undertaking or any undertaking is included therein eonomin, or (ii) any industry is carried on (a) by or under the authority of the Central Government or, (b) by railway company or (c) by specified controlled industry, then the Central Government will be the appropriate Government otherwise in relation to any other establishment, the Government of the State in which that other establishment is situate, will be the appropriate Government. It is submitted that the Cement Company being specified controlled in the State, the appropriate Government for reference of the industrial dispute raised by the workman will be the Central Government and not the State Government.
3. In reply, it is submitted by the learned counsel appearing for the appellants that so far as the Cement Industries are concerned, by a notification dated December 8, 1977 issued under Section 39 of the Industrial Disputes Act, 1947 the Central Government directed that all the powers excersiable by it under that Act and rules made thereunder in relation to the Cement Industry be exercised also by all the State Governments subject to the condition that the Central Government shall continue to exercise all the powers under the Act and Rules made thereunder:
(i) Relating to mines and quarries even where such mines and quarries form part of the Cement Industry.
(ii) Relating to the dispute between the employers who are members of the Cement Manufacturers Association, Express Building, Churchgate, Bombay and their workmen represented by Indian National Cement and Allied Workers’ Federation, Mazdoor Karyalya, Congress House, Bombay, which has been referred for arbitration in pursuance of Section 10-A of the said Act, read with Notification No. S.O. 757(E) dated November 8, 1977 [Nos. 11025/9/77DI(A)], in terms of the arbitration agreement published by the notification of the Government of India in the Ministry of Labour Order No.L.29013/2/77-D.O.III(B), dated November 28, 1977.
4. Learned counsel for the appellants submits that in Yovan, India Cements Employees Union & Another vs. Management of India Cements Ltd. & Others, (1994) 1 SCC 572, the question as to whether State Government will be the appropriate Government in respect of the workman of the Cement Industry was decided with reference to the notification dated December 8, 1977 and it was held that in respect of such dispute both the Central Government and the State Government are appropriate Governments under the Act.
5. In view of the judgment in Yovan, India Cements Employees Union (supra), the preliminary objection is rejected and it is held that in respect of the employees of the Cement Industry covered by the notification dated December 8, 1977 both the Cent
