IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WA.No. 1722 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.8244/2008 Dated 25/03/2009 .................... APPELLANTS/RESPONDENTS IN THE WPC ------------------------------------------------------------ 1. THE REGIONAL LABOUR COMMISSIONER (CENTRAL) KENDRIYA SHRAMA SADAN, KAKKAND, KOCHI-682030. 2. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL) KENDRIYA SHRAMA SADN, KAKKANAD KOCHI-682030. BY ADV. SRI.BABU KARUKAPADATH RESPONDENT/PETITIONER --------------------------------------- COCHIN INTERNATIONAL AIRPORT LIMITED NEDUMBASSERY, KOCHI AIRPORT.P.O., ERNAKULAM 683111, REP. BY ITS MANAGING DIRECTOR. R1 BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE FOR R1 SMT.MARIAM MATHAI FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.1722 of 2009 ------------------------------------------ Dated this the 6th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of the learned Single Judge dated 25th March, 2009 allowing W.P.(C) No.8244 of 2008, the respondent Labour Commissioner has filed this writ appeal. 2. The main issue before the learned Single Judge was as to what is the “appropriate Government” under the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'CLRA Act'), as far as the writ petitioner company is concerned. The writ petitioner had sought for registration with the Government of Kerala under Section 7 of the CLRA Act in pursuance of which Exts.P5 and P7 were passed which were challenged before this Court in the writ petition. 3. The learned Single Judge considering both the rival contentions and noting the fact that the apex Court in the case of Steel Authority of India Ltd. and others v. National Union Waterfront Workers and others [(2001) 7 SCC page 1], has rightly held that it is the State Government that is to be treated as the 'appropriate Government' in relation to the petitioner therein for the W.A.No.1722 of 2009 - 2 - purpose of Industrial Disputes Act and consequently for the purpose of CLRA Act. 4. Learned counsel for the appellants vehemently reiterated all the arguments which were advanced by him before the learned Single Judge. 5. After hearing the learned counsel for the appellants and after going through the impugned judgment, vis-a-vis the authoritative pronouncement of the five Judges Bench in Steel Authority of India case, under almost same arguments we find no justification absolutely to interfere with the judgment of the learned Single judge as he has taken into consideration all the factual situations and the law declared by the apex Court in the aforesaid case in great detail in correct perspective. Hence, we find no merit in the writ appeal and accordingly it is rejected. S.R.Bannurmath, Chief Justice A.K. Basheer, vns/vku. Judge