The High Court dismissed a writ petition challenging an order refusing to make an industrial reference. It held that as the Life Insurance Corporation of India is a central corporation, the Central Government is the appropriate authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- WRIT - C No. - 26547 of 2019 Petitioner :- Rajeev Kumar Respondent :- Deputy Labour Commissioner U.P. Ghaziabad Region , Ghaziabad And 3 Others Counsel for Petitioner :- Akhilesh Tripathi Counsel for Respondent :- C.S.C.,Shruti Malviya,Siddharth Singhal
Hon'ble Ajay Bhanot,J.
Heard Sri Akhilesh Tripathi, learned counsel for the petitioner, Ms. Shruti Malviya, learned counsel for the Life Corporation of India and learned Standing Counsel for the State respondents.
By the impugned order dated 24.04.2019 the respondent no. 1/Deputy Labour Commissioner, U.P. Ghaziabad Region, Ghaziabad has declined to make an industrial reference on the footing that the appropriate government in the facts of the case is the Central Government. It is not disputed that the Life Insurance Corporation of India is a Corporation which was brought into existence by an enactment of the Parliament namely Act No. 3 of Life Insurance Corporation Act, 1956. The Central Government has a pervasive control over the affairs of the Corporation. As per the definition of "appropriate government" under Section 2 (a) of the Industrial Disputes Act, 1947, the Central Government is the appropriate government in this case.
These facts could not be disputed by learned counsel for the petitioner.
The writ petition is dismissed.
Order Date :- 18.10.2021 Pravin
2 issues framed by the court
Whether the appropriate government to make an industrial reference in the case of Life Corporation of India is the State Government or the Central Government.
Whether the writ petition challenging the decline of industrial reference should be allowed.
2 provisions across 2 enactments
Rajeev Kumar
Deputy Labour Commissioner U.P. Ghaziabad Region
Life Corporation of India
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
