1947 number are the workmen companyprehended in the expression Dock Workers as defined in the Dock Workers Regulation of Employment Act, 1948 and therefore the Central Government is number the appropriate Government for referring the industrial dispute to the Tribunal.
The Association attempted to repell this companytention by urging that the workmen were dock workers within the meaning of the expression in Dock Workers Regulation of Employment Act, 1948 and as they are working in a major port, the Central Government will be the appropriate Government in relation to the industrial dispute between the Association and the workmen and therefore, the reference is valid and the Tribunal should deal with the same on merits according to law.
227 of the Constitution in the High Court of Judica ture at Bombay.
10 1 d of the Industrial Disputes Act, 1947 Act for short to the Central Government Industrial Tribunal No.
From the Judgment and Order dated 19.9.83 of the Bombay High Court in Special Civil Application Nos.
The Central Government as an appropriate Government referred the Industrial dispute between the appellant Goa Sampling Employees Association Association for short and the first respondent employer for short in each petition under Sec.
It appears that evidence was led before the Tribunal by both the sides.
10 1 d of the Act to make the reference and accordingly the Tribunal will have numberjurisdiction to entertain A the same.
1 Tribunal for short .
As a second string to the bow, it was companytended that in relation to a union territory Central Government is the appropriate Government.
The employer in each reference filed special civil application under Art.
A preliminary objection was raised that the Central Government was number the appropriate Government in relation to the industrial dispute between the Association and the employer and therefore, the Central Government had numberpower under Sec.
VA Bobde, K.J. John and Ms. N. Srivastava for the appellant.
2, Bombay by different orders made in the year 1974 and 1975.
Five separate references were made because even though the Association representing employees is companymon in all references, employer is different but each raising a companymon question.
Therefore, also the Central Government is the appropriate Government.
Hence these appeals by special leave.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The Tribunal then proceeded to companysider the alternative submission whether the reference would be companypetent even if the State Government is the appropriate Government in view of the fact that Goa, Damen and Diu companystitute Union Territory as set out in the First Schedule to the Constitution and its administration is carried on by the Administrator appointed by the President under Art.
Again the rigmarole of an utterly unsustainable preliminary objection, and valuable time of a decade is wasted in this bizarre exercise frustrating the search for socio economic justice, making it a distant dream, if number an optical illusion.
97B/80, 98B/80, 100B/80, 99B/80 and 67B/80.
S. Nariman, Miss A. Subhashini M.S. Usgaocar, S.K. Mehta, P.N. Puri and M.K. Dua for the respondents.
It appears the matters were remitted to the Tribunal and thereafter all the five references stood transferred to the Central Government Industrial Tribunal No.
4904 4908 of 1984.
When the references again came up before the Tribunal for hearing, the history repeated.
The Tribunal overruled the preliminary objection whereupon the employer filed some appeal to an authority which is number made clear in the record.
239 of the Constitution.
When the references came up before the Tribunal for hearing, it appears that the employer in each case raised a preliminary objection but what was the earliest preliminary objection eluded us.
The Tribunal overruled the preliminary objection and set down the reference for final hearing by its order dated July 14, 1980.
The Judgment of the Court was delivered by DESAI, J. Special leave granted.
After discussing the rival companytentions the Tribunal did number record a finding on this companytention.
