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State Govts is not appropriate Govt. in Case of Cement Indus

Raj Kumar Makkad ,
  06 March 2010       Share Bookmark
Court :
Bombay High Court
Brief :
Labour and Industrial - Controlled Industry - Declaration of cement industry as Controlled Industry - Appropriate Government for Cement Industry - Delegation thereof - Applicability of MRTU and PULP Act - Section 30 of Industrial Disputes Act, 1947 and Section 2(3) of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Petitioner-cement industry, declared as "controlled industry", filed Writ Petition contending that State Government is not Appropriate Government for Cement Industry and therefore, provisions of MRTU & PULP Act are not applicable to Petitioner - establishment - Whether because of delegation of its power under Section 39 of ID Act by Central Government to State Government, the provisions of MRTU & PULP Act can become applicable to the Petitioner - establishment?
Citation :
Ultra-Tech Cement Ltd. v. Shrinivas Narayanrao Moharil (Decided on 15.02.2010) MANU/MH/0105/2010
Held, mere delegation by Central Government to State Government does not constitute State Government an appropriate Government. State Government while acting as appropriate Government discharges the role as an agent of Central Government and hence for the purpose of Section 2(3), it cannot be said that for cement industry, State Government is appropriate Government. The provisions of MRTU & PULP Act, therefore, cannot apply to industry of the Petitioner. Writ Petition allowed.

 
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Published in Labour & Service Law
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