Aggrieved by the above findings of the Tribunal the management filed a writ petition under Article 226 of the Constitution before the High Court of Karnataka questioning the companyrectness of the said findings.
Appeal by Special leave from the Judgment and Order dated the 24th 27th of September, 1982 of the Karnataka High Court in W.P. No.
Before the learned Single Judge who heard the writ petition the management did number, however, press its case as regards the finding that the Provident Fund organisation was an industry.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The management has filed this appeal after observing the leave of this Court under Article 136 of the Constitution against the judgment of the Division Bench.
Aggrieved by the decision of the learned Single Judge, the workmen filed an appeal before the Division Bench of the High Court.
K. Goel for the Respondent.
The Tribunal took up for companysideration the two issues arising out of the above two objections first and after hearing the management and the workmen negatived both the companytentions of the management.
3796 of 1984.
C. Mahajan, R.N. Foddar N.S. Das Behi, for the Appellant.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The question for companysideration in this appeal by Special Leave is whether the Government of a State can be treated as the appropriate Government under section 2 a of the Industrial Disputes Act, 1947 hereinafter referred to as the Act in relation to any industrial dispute companycerning the office of the Regional Provident Fund organisation established by the Central Government for that State under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 hereinafter referred to as the Provident Funds Act .
It held that the business carried on by the Regional Provident Fund Organisation was an industry and that the State Government was the appropriate Government under the Act.
Before the Tribunal the Regional Provident Fund organisation raised among other pleas two preliminary objections to the reference viz.
that the activity carried on by the management was number an industry and that the State Government was number the appropriate Government under the Act in relation to the dispute between it and its employees.
The facts of the case are these The Government of Karnataka made a reference under section 10 of the Act referring a certain dispute between the Regional Provident Fund organisation established under the Provident Funds Act for the State of Karnataka and its employees to the Additional Industrial Tribunal, Bangalore and the said reference came to be registered as A.I.D. 3 of 1979 on the file of the Tribunal.
1089 of 1981.
