Incorporation by reference in labour law fixed the banking definition, leaving the State Government as the appropriate authority.

Section 2(bb) of the Industrial Disputes Act, 1947 was treated as an incorporation by reference of the definition of "Banking Company" in Section 5 of the Banking Regulation Act, 1949 as it stood when inserted, not as a dynamic reference to later amendments. As a result, the subsequent extension of the banking law to cover co-operative banks did not expand the Industrial Disputes Act's meaning for this purpose. The Court therefore held that the appellant multi-State co-operative bank was not brought within Section 2(bb) by later changes to the banking statute, and the State Government remained the appropriate government under Section 2(a), not the Central Government.

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Issues: Whether, for a multi-State co-operative bank, the expression "Banking Company" in Section 2(bb) of the Industrial Disputes Act, 1947 is to be read as incorporation of the Banking Regulation Act, 1949 as it stood on the date of enactment, or as a mere reference attracting later amendments; and consequently whether the Central Government or the State Government is the appropriate government under Section 2(a) of the Industrial Disputes Act, 1947.

Analysis: The definition in Section 2(bb) was held to be exhaustive and to use the language of incorporation by reference. The Court found that the legislature intended to adopt the meaning of "Banking Company" as defined in Section 5 of the Banking Regulation Act, 1949 as it then stood, rather than to incorporate future amendments automatically. The subsequent widening of the Banking Regulation Act to include co-operative banks did not alter the meaning already embedded in the Industrial Disputes Act. The Court also held that the exceptions to the rule against incorporation were inapplicable because the Industrial Disputes Act is a complete code and its operation does not depend on later amendments to the Banking Regulation Act.

Conclusion: The expression "Banking Company" in Section 2(bb) of the Industrial Disputes Act, 1947 did not take in the appellant co-operative bank by reason of later amendments to the Banking Regulation Act, 1949. The appropriate government was the State Government, not the Central Government.

Final Conclusion: The statutory definition was fixed by incorporation at the time of its insertion, and later amendments to the parent banking statute did not expand the field of the Industrial Disputes Act for this purpose. The appeal accordingly failed.

Ratio Decidendi: Where a later statute incorporates a definition from an earlier statute, subsequent amendments to the earlier statute do not affect the incorporating provision unless the legislative intent to adopt later changes is or necessarily implied.

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