LexMANAGEMENT OF VISHNU SUGAR MILLS LIMITED, HARKHUA, DISTRICT SARAN, BIHAR versus THEIR WORKMEN REPRESENTED BY CHINI MILL MAZDOOR UNION, HARKHUA, DIST. SARAN, BIHAR
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214 SUPREME COURT REPORTS [1960] z960 based on mere surmises and is entirely opposed to the . . . weight of evidence adduced in this case. Tea D"'''.'1'. The result is that that portion of the award which Labou1' Association . d. . . v. issues irect10ns to the appellant on the basis that Their the closure, in the eyes of law, had not taken place is Ex-Employees set aside. The appeal succeeds to that extent and must be allowed. There will be no order as to costs in . ,. Gojendragadkar J. the circumstances. z960 March 9. Appeal allowed. MANAGEMENT OF VISHNU SUGAR MILLS LIMITED, HARKHUA, DISTRICT SARAN, BIHAR v. THEIR WORKMEN° REPRESENTED BY CHINI MILL MAZDOOR UNION, HARKHUA, DIST. SARAN, BIHAR (P. B. GAJENDRAGADKAR ANDK. N. WANCHOO, JJ.) Industrial Dispute-Reference by State Governmcnt-Compe- tence-C ontrolled industry - "Appropriate Government," meaning of-Industries (Development and Regulation) Act, r95r (65 of r95r). -Industrial Disputes Act, I947 (r4 of r947), s. z (a) (i). A dispute relating to a workman in the appellant sugar mill, situate in Bihar, was raised by the Workers Union and a refer- ence was made by the State Government. Under s. 2 (a) (i) of the Industrial Disputes Act, 1947, "'Appropriate Government' means in relation to any industrial dispute concerning any indus- try carried on by or under the authority of the Central Govern- ment.: .... or concerning any such controlled industry as may be . specified in this behalf by the Central Government.. .... the Central Government". The question was whether the State Government was competent to make the reference, as sugar was a controlled industry under the Industries (Development and Regulation) Act, 195I. Held, that in order that the appropriate government under s. 2 (a) (i) of the Industrial Disputes Act, 1947, may be the Central Government for a controlled industry it is necessary that such controlled industry should be specified by the Central Government, and that in the absence of a notification for the ..... - - • 3 S.C.R. SUPREME COURT REPORTS ~15 ·purposes of s. 2 (a) (i) of the Act, the State Government was. competent to make the reference. . The Bijoy Cotton Mills Ltd. v. Their Workmen and Another [1960] 2 S.C.R. 982, followed. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 402 of 1958. Appeal by special leave from the Award dated January 29, 1957, of the Industrial Tribunal, Bihar, at Patna in Reference No. 7 of 1956. Sukumar Ghose, for the appellant. M. K. Ramamurthi, R. K. Garg, A. N. Nag and Buresh Aggarwal, for the respondents. S. P. Varma, for the intervener (State of Bihar). 1960. March 9. The Judgment of the Court was delivered by WANCHOO, J.-This is an appeal by special leave against the award of the Industrial Tribunal, Patna. The appellant is a Sugar Mill in District 8aran in the State of Bihar. One Ramkrishna Prasad was appoint- ed as clerk in this mill in 1933. Gradually, he work" ed his way up an:d was drawing Rs. 140 per month in October 1952. The mill created a new post of store in-charge about that time as the work in the Stores Department of the Mill had increased. On October 4, 1952, Babulal Parekh was appointed to this new post on a consolidated salary of Rs. 180 per mensem. A letter of appointment was issued to him on that. date and he was told that he would be on probation for one year. He was also asked by another letter to. take charge immediately. He took charge on October 7, 1952. On November 28, 195,2, an order was passed by the mill distributing the duties between the various clerks employed in the Stores Department and it was stated therein that all the staff of the Stores Depart- ment would work as subordinate to Babula! Parekh. On December 2, 1952, another order was passed by which Ramkrishna Prasad was ordered to hand over the keys of the stores to Babula! Parekh. Thereafter Ramkrishna Prasad made a representation against his being made subordinate to the stores in-charge . . This representation was rejected. A dispute was then raised by the union and a reference was made by th~. Government of Bihar on May 9, .1956, in which the Vishnu Sugar Mills Ltd. v. Their W orkinen Wanshoo ]. Vishnu Sugar Mills Ltd. v. Their Workmen Wanchoo ]. 216 SUPREME COURT REPORTS [1960) following three matters were referred to the tribu- · nal:- 1.. Whether the status of workman, Sri Ram- krishna Prasad, Store-keeper, and the
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