1998 LAB. I. C. 3337 ::(1999) 34 CorLA 458 ::(1999) 1 LabLJ 19 ::(1999) 1 Lab LN 382 ::(1998) 3 ServLR 597 ::(1999) 1 SCT 701 ::(1998) 6 Kant LJ 181

Karnataka High Court

Hon'ble Judge(s): Ashok Bhan, Mohamed Anwar , JJ

Industrial Disputes Act (14 of 1947) , S.2(a)(i), S.10— 'Appropriate Government'- Reference of dispute - Petitioner, employee of Cotton Corporation of India - Corporation not carrying its business under authority of Central Govt. - Appropriate Government to refer dispute is 'State Government' and not 'Central Government'. W.P. Nos. 6480 and 7535 of 1989, D/- 21-12-1994 (A.P.), Held not good law in view of 1970 Lab IC 212 (SC) and 1997 Lab IC 365 (SC). Whatever be the extent, depth and sweep of the control of the Central Government over a company registered under the Companies Act in connection with its affairs and functioning, yet it remains a separate juristic person in its existence distinct from the Central Government and that it cannot be stated and held as the one carrying on its business 'under the authority of the Central Government,' unless it is so specified by it by reason of the industry being controlled by the Central Government so as to bring it within the meaning of Sec. 2(a)(i). The Cotton Corporation of India is not either created or run by the Central Government. Nor is it a statutory corporation. The authority to control its management and business affairs is not vested in the Central Government by any statute. Such authority is conferred on it by the articles of the corporation and the exercise thereof is enti....