What is an Appropriate Government under Industrial Disputes Act? Explain with the help of case laws.

Question: What is an Appropriate Government under Industrial Disputes Act? Explain with the help of case laws.

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Answer

The Industrial Disputes Act has made provisions for the investigation and settlement of industrial disputes and for certain other purposes. It provides for special machinery of conciliation officers, work committees, the court of inquiry, Labour courts, Industrial Tribunals, and National Tribunals, defining their powers, functions, and duties and also the procedure to be followed by them. It also enumerates the contingencies when a strike or lock-out can be lawfully resorted to when they can be declared illegal or unlawful, conditions for laying off, retrenching discharging or dismissing a workman, circumstances under which an industrial can be closed down and several other matters related to industrial employees and employers.

As per the provisions of the Industrial Disputes Act, 1947, when conciliation fails to bring an amicable settlement of the dispute, the conciliation officer has to submit a failure report to the appropriate Government with his own view for reference. The appropriate Government, after proper examination of the failure report, refers it either to the Labour Court or to the Industrial Tribunal for promoting a settlement of the dispute. Under Sec 10 of the Industrial Disputes Act 1947, the appropriate Government enjoys discretionary power to refer an industrial dispute to the court or tribunal.

Appropriate Government as defined in Section 2(a) of the Industrial Disputes Act, 1947 means the Central Government in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government, any industry carried on by a Railway Company, any controlled industry specified by the Central Government, The Unit Trust of India. Corporations under the Central Statutes, Banking companies, and Insurance companies. Mines. Oil fields, Cantonment board, Major ports, etc. In relation to any other industrial dispute, the appropriate Government is the State Government.

In cases where a dispute arises, it is important to determine which government is the appropriate government for the industry concerned. The appropriate government is determined based on the type of industry, as specified in the Schedule to the Act.

For example, if the industry is a railway, postal, or telegraph service, the central government is the appropriate government. Similarly, if the industry is a mine, oil field, or major port, the central government is the appropriate government. If the industry is not specified in the Schedule, the state government is the appropriate government.

The appropriate government has the power to refer an industrial dispute to a labour court, industrial tribunal or national tribunal for adjudication. In addition, the appropriate government can also make rules and regulations for the prevention and settlement of industrial disputes.

In Hindustan Aeronautics v. Their Workmen, AIR 1975 SC 1737 case, the Court held that the State Government is the appropriate government in respect of a separate unit of the company within its jurisdiction, even though it may be functioning under the directions of its Head Office situated elsewhere.

In Workmen of Sri Ranga Vilas Motors v. S.R. V. Motors, AIR 1967 SC 1040 case, the Court held that the competence of the Mysore State Government to make a reference in respect of a dispute relating to a transfer of workman employed in Banglore, through the Head Office of the company was situated in Madras State. The Court held that there should be a connection between the dispute and the territory of the State and the industry, concerning which the dispute arose. The conclusion was based on the view that if the workman was working at a place in a state different from that in which the Head Office was situated, the employment would be in a separate unit or establishment, and hence, the appropriate government of the State in which the workman was employed.