The determination of the 'appropriate government' under the Contract Labour Act and Industrial Disputes Act hinges on the relationship between the petitioner company and the Central Government, and the company's status as a government entity.

Sureshwar Thakur, J.

1. Both these petitions are being disposed of by a common order as they involve common questions of facts and law, besides common reliefs are claimed in both the petitions.

2. The petitioner, is, a joint venture company registered with the Registrar of Companies, National Capital Territory of Delhi and Haryana. The petitioner company, is, aggrieved by the proceedings pending in the Court of Judicial Magistrate, 1st Class, Mandi, in, pursuance to complaint No. 4-III of 2012 and complaint No. 201 of 2012, instituted in the Court aforesaid by the Labour Inspector, Government of Himachal Pradesh, Sundernagar under Section 7, 28 (3) of the Contract Labour (Regulations and Abolitions) Act, 1970 read with Rule 17, 80 (4) of the Himachal Pradesh Contract Labour (Regulations and Abolitions) Rule, 1974. The petitioner prays that the proceedings, as, launched before the Court aforesaid at the instance of the Labour Inspector, to the Government H.P., Sunder Nagar, be quashed.

3. A perusal of Annexure P-1, unveils the fact of the petitioner company bearing the nomenclature, of, Parbati Koldam Transmission Company Limited and its being a company incorporated under the Companies Act, 1956. Now, an advertence to Annexure R-1, unfolds the fact of the share capital of the government in the company aforesaid, being 26% and the remaining share of 74%, of the issued and paid up equity share capital of the company aforesaid being subscribed and held by Reliance.

4. The petitioner company was under Annexure P-4, which comprises the licence to the petitioner company issued by the Central Electricity Regulatory Commission authorized to transmit electricity, as, a transmission licencee.

5. The learned counsel appearing for the petitioner company has adverted, to, the definition of “appropriate government” existing in Section 2(a) of The Contract Labour (Regulation and Abolition) Act, 1970 which stand extracted hereinafter, wherein, the definition borne by the phraseology “the appropriate government” has been conveyed to be in relation to an establishment in respect of which the “appropriate government” under the Industrial Disputes Act, 1947, is the Central Government, hence, constituting the latter to be the “appropriate government”, and in relation to any other establishment, the government of the State in which that any establishment is situated, would be the “appropriate government”. Section 2(a) of the Contract Labour (Regulation and Abolition) Act, 1970 reads as under:

“2. Definitions:-(a) “appropriate Government” means-

(i) In relation to an establishment in respect of which the appropriate government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government, The Central Government.

(ii) In relation to any other establishment, the Government of the State in which that other establishment is situated.”

6. Now the counsel for the petitioner urges, that given the definition of “appropriate government” existing in Section 2(a) (i) of the Industrial Disputes Act, 1947, which, is, extracted hereinaafter, and which communicates, that in relation to any “industrial dispute concerning any industry carried on or by or under the authority of the Central Government”, the appropriate government would be the Central Government, hence, he concerts to contend, that, with the Central Government having conferred a licence upon the petitioner company, as comprised in Annexure P-4, the petitioner company, is, a Central Transmission Utility, as such, would transmit electricity by or under the authority of the Central Government, as such, the Central Government would, be the appropriate government in respect of the industry aforesaid. Section 2(a)(i) of the Industrial Disputes Act, 1947 reads as under:-

“2. Definitions.-In this Act, unless there is anything repugnant in the subject or context-

(a) “Appropriate government” means-

(i) In relation to any industrial dispute concerning, any Industry carried on by or unde