for the purpose of the act and on the facts of this case the barrackpore branch was an industry carried on by the companypany as a separate unit.
v. s. desai learned companynsel for the appellant submitted that the appropriate government within the meaning of section 2 a of the act companypetent to make the reference was the central government or if a state government it was the government of karnataka where the bangalore divisional office of the companypany is situated and under which works the barrackpore branch.
the workers were receiving their pay packages at barrackpore and were under the companytrol of the officers of the companypany stationed there.
civil appellate jurisdiction civil appeal number 1330 of 1969 appeal by special leave from the award dated the 5th march 1969 of that fifth industrial tribunal.
k. san and sukumar ghose for respondent number 1.
west bengal in case number 26 of 1967.
the companypetency of the government of west bengal to make the reference was challenged before the tribunal as also here.
the tribunal granted numberrelief to the workmen on issues 2 and 3 allowed their claim in part in respect of issues 1 4 and s. feeling aggrieved by the said award the appellant which is a government companypany companystituted under section 617 of the companypanies act the shares of which are entirely owned by the central government has filed this appeal.
the governumber of west bengal made the reference under section 10 1 of the industrial disputes act 1947 hereinafter called the act for adjudication on the following 5 issues allowance for the education of employees children house building loan free companyveyance or companyveyance allowance revision of lunch allowance whether the following canteen employees should be made permanent the names of 10 employees given.
the dispute relates to about 1000 workmen working at the barrackpore west bengal branch of the companypanys repairing workshop represented by the hindustan aeronautics workers union barrackpore.
v s. desai and r. b. dater for the appellant.
c the judgment of the companyrt was delivered by untwalia j. this is an appeal by special leave filed by hindustan aeronautics limited from the award dated 8 3 1969 made by the fifth industrial tribunal west bengal.
