HC curtails industrial court’s powers

However, the IC held that it can entertain the complaint under the Monopolies and Restrictive Trade Practices Act. Also that the employer industry cannot be held to be under the Central Government since there is no notification to that effect.

According to Justice R M Lodha of the Bombay High Court, an industry governed under the Central Government need not be further specified to be under its authority, as per the Industrial Disputes Act. “The Industrial Court was not justified and rather seriously erred in holding that no notification that industry is `controlled’ is issued by the Central Government.”

Justice Lodha referred to an apex court judgement which explains the term `government-controlled company’. The Supreme Court judgement states that “In a liberalised economy, public corporations are thrown open to private and multinational investments. Therefore… the word control requires to be interpreted in the changing commercial scenario broadly in keeping with the constitutional goals and perspectives.” Therefore, Justice Lodha ruled that “the NBCCL, a company floated from the public exchequer, is certainly under the central government