: 1 : wp.3139.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3139 OF 2011 General Employees Association .. Petitioner V/s. Rashtriya Chemicals & Fertilizers Ltd. & Anr. .. Respondents Mr.Jaiprakash Sawant and Ranjana Todankar for the Petitioner Ms.Prachi Mhatre I/b M.S. Bodhanwalla & Co. for the Respondent No.1 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: AUGUST 22, 2011 P.C.: 1. Heard. Rule. 2. Respondent No.2 is a formal party and, therefore, no notice is required to be issued to the said respondent. Respondent No.1 waives service. The Petition is therefore heard finally. 3. As per the order dated 15.11.2006, three different References were made by the Government of India, Ministry of Labour for adjudication u/s 10(1) of the Industrial Disputes Act, 1947 to the Industrial Tribunal cum Labour Court No.1 at Mumbai. However, in all : 2 : wp.3139.2011 these three References, i.e. Reference Nos.CGIT 1/42, 1/44 and 1/47 of 2006, the learned Presiding Officer passed an order declining to hear the interim applications on the ground that in the case of Rashtriya Chemicals & Fertilisers Ltd v/s. RCF Employees’ Union (2007 (1) LLJ 939) that this Court (Single Bench) took a view that if there was no employer-employee relationship between the Central Government and the Undertaking, the appropriate Government to refer the dispute would be the State Government and not the Central Government. However, on 19.8.2010, the Government of India issued a notification for amendment to the Industrial Disputes Act 1947. The Industrial Disputes (Amendment) Act, 2010 has been published in the Gazette dated 19.8.2010 by the Government of India. 4. Section 2 of the Industrial Disputes Act 1947 has been amended. As per the Amending Act of 2010, section 2(a)(i) and 2(a)(ii) have been amended and as per the amended provisions any Corporation established by or under any law made by Parliament or the Central Public Sector Undertaking set up by the Central Government or owned or controlled by the Central Government, the appropriate Government shall be the Central Government. Hence, in view of the amendment to section 2(a) of the Industrial Disputes Act, 1947 which : 3 : wp.3139.2011 has been brought into effect from 15.9.2010 which is the Central Government which is the appropriate authority for Respondent No.1 which is a Public Sector Undertaking and, therefore all pending References would lie before the Central Government Industrial Tribunal cum Labour Court at Mumbai. Consequently, the pending interim relief applications will also have to be heard by the said Tribunal. It appears from the impugned orders that the amendments referred to hereinabove to the scheme of section 2(a) of the Industrial Disputes Act, 1947 were not brought to the notice of the learned Presiding Officer. 5. Hence, we allow the petition and clarify that the pending References would be maintainable before and decided by the Central Government Industrial Tribunal cum Labour Court at Mumbai. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)