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The present petition is filed being aggrieved by the order dated 27.05.2022 passed by Presiding Officer, Labour Court in a proceeding of application filed under Order 7 Rule 11 read with Section 151 CPC filed by respondents mentioning that the UltraCement Limited is an integrated plant in which the work of cement industry and mining is run by a single legal entity. The mines are used for cement industry for which mining lease has also been obtained. It was also stated that the state government does not have jurisdiction in the matter as per notifications dated 08.12.1977 and 20.05.2005, wherein it has been directed the cement industry being controlled industry, the appropriate government Central Government if the cement industry is part of mines and queries.

(Emphasis Supplied)

8. The Government of India vide Notification bearing No.SO 757 NEUTRAL CITATION NO. 2024:MPHC-IND:28785 4 WP-18835-2022 (E) dated 08.11.1977 specifying that Section 2 (a)(i) of the ID Act would include within its ambit, the cement industry which has been declared as a controlled industry under Section 2 of the Act of 1951. Section 2(a)(i) of the ID Act provides situations/circumstances in which the Central Government will be the appropriate Government.

12. Shri Patwardhan learned senior counsel has relied on the order passed in UltraTech Cement Limited V/s Shrinivas Narayanrao Moharil, 2010 SCC OnLine Bom 223 in which the High Court of Bombay held that both Central Government and State Government are appropriate Governments for cement industry, however, the industry will be governed by central enactments. In Orient Cement Limited V/s Ramesh Dhannu Baviskar, 2018 SCC OnLine Bom 21408 it was held that the appropriate Government in relation to a controlled industry would be the Central Government and State enactments would not apply. In M/s Sintra Limited & Ors. V/s State of Bihar & Ors., 1998 SCC OnLine Pat 386, the High Court of Patna has held that the cement industry is a controlled industry and the Central Government is the appropriate Government. In JSW Cement Limited v. State of Andhra Pradesh, 2020 SCC OnLine AP 3, the High Court of Andhra Pradesh has also held that the appropriate Government for the cement industry is the central Government. In those States there is no local enactment like the M.P. Act of 1961, hence these judgments will not help the appellant/ petitioner.

13. The Hon'ble Supreme Court in Yovan India Cements Employees Union and Anr. V/s Management of Indian Cements Limited & Ors., (1994) 1 SCC 572 while holding that the appropriate Government for the purposes of ID Act are both Central Government and State Governments on account of delegation of power by the Central Government by notification dated NEUTRAL CITATION NO. 2024:MPHC-IND:28785 6 WP-18835-2022 08.12.1977 have placed reliance on the notification dated 08.11.1977 issued by the Central Government declaring cement industry as controlled industry.