AIR 1960 SUPREME COURT 812 ::1960 LabLJ 272 ::1960 BLJR 471 ::1960 -61 18 FJR 270 ::1960 SCJ 922 ::1960 3 SCR 214

Supreme Court Of India

(From Industrial Tribunal, Patna)*

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo , JJ

(A) Industrial Disputes Act (14 of 1947) , S.2(a)(i)— Controlled industry - To attract S. 2 (a) (i) notification by Central Government specifying it as controlled industry for purposes of S. 2 (a) (i) is necessary. Though sugar is a controlled industry under the Schedule to the Industries (Development and Regulation) Act (65 of 1951) the Appropriate Government for the purposes of S. 2 (a) (i), Industrial Disputes Act with reference to that industry would not be the Central Government unless there is a notification by the Central Government in that behalf for purposes of S. 2 (a) (i). In order that the Appropriate Government under S. 2 (a) (i) may be the Central Government for a controlled industry, it is necessary that such controlled industry should be specified by the Central Government for the purposes of S. 2 (a) (i). It is not enough that an industry should be a controlled industry to attract this provision of S. 2 (a) (i). AIR 1960 SC 692 and (S) AIR 1956 Mys 7, Rel. on.(Para 5) (B) Industrial Disputes , — Promotion to higher post - It is exclusive function of management - Old servant retained in old post with same work and emoluments and new person appointed as his superior on a new post created due to increase in work - Position of old servant is not prejudicially affected a....