ORDER:

The Management of Associated Cement Companies Limited (ACC Cements, for short) is the petitioner herein. The petitioner challenges the Award dated 27.01.2014 passed by the Industrial Tribunal-cum-Labour Court-cum-VI Additional District & Sessions Judge, Godavarikhani, in ID No.58 of 2006.

2. Heard Ms. G. Sudha, learned counsel for the petitioner; and learned Government Pleader for Labour appearing for respondent No.1.

3. The sum and substance of the writ affidavit is that ACC Cements is a company engaged in manufacture and sale of cement, and the company established two units; one at Tadepalli, and the other at Mancherial. The Tadepalli Unit was closed and sold to third parties. The Mancherial Unit was also later closed and sold to Mancherial Cement Company in the year 2005. The wages of the employees of the petitioner company who were working at Mancherial Unit by the date of sale were governed by Cement Wage Board and the petitioner paid all the wages and terminal benefits to all its employees. While so, the 2nd respondent-ACC Mazdoor Union submitted a Charter of demands on 02.05.2005 and raised an Industrial Dispute. The State Government referred the dispute to the 1st respondent Tribunal, whereupon the Tribunal passed the impugned Award.

4. Learned counsel for the petitioner contends that the dispute essentially is with regard to revision of wages of workmen of ACC Cements with effect from 01.04.2005. It is contended that the petitioner paid all the wages and terminal benefits and there were fair chances of success of petitioner’s case, however, the petitioner was not given opportunity to lead evidence. It is further contended that the petitioner-company is Cement manufacturing company, which is a controlled industry governed under the Industries (Development and Regulation) Act, 1951, and therefore the 1st respondent has no jurisdiction to adjudicate the matter and therefore the impugned Award is illegal and liable to be set aside. Learned counsel relies on the judgment in M/s Birla Corporation Ltd., v. Presiding Officer, Industrial Tribunal-I, U.P1.

5. This Court by Docket Order dated 08.05.2014 granted interim stay of the Award for the prima facie reason that the Central Government Industrial Tribunal is constituted to deal with the industrial disputes in respect of petitioner company being a cement manufacturer.

6. Having considered the submissions made and perusing the record, it is pertinent to note that the petitioner company is a cement manufacturing company and is a controlled industry within the meaning of Section 2 of the Industries (Development and Regulation) Act, 1951. Therefore, the

1Writ – C – 66284 of 2010 (Allahabad High Court)

appropriate Government in relation to a controlled industry by virtue of Section 2(a)(i) of the Central Act, once notified as controlled industry under Section 2 of the Act of 1951 would be the Central Government and as such the State Government could not refer the industrial dispute for adjudication under the State Act. In that view of the matter, the impugned Award is liable to be set aside.

7. Accordingly, the impugned Award is set aside, and the writ petition is allowed. No costs. Miscellaneous petitions, pending if any, shall stand closed.

_____________________________ Justice Nagesh Bheemapaka

14th October, 2024 ksm