Case Note & Summary
The petitioners, the Chairman/Director of National Bureau of Plants Genetics Resources and the National Bureau of Plants Genetics Resources, Regulation Station, Akola, filed a writ petition challenging an award of the Central Government Industrial Tribunal-cum-Labour Court, Nagpur. The respondents were 19 workmen who had been retrenched and were awarded compensation. The petitioners raised a preliminary question whether the ICAR and its institutes, including petitioner No.2, constitute an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947. The Court noted that this very question had been specifically raised and decided by a Single Judge of this Court in Duryodhan Hiraman Ingole & ors. vs. Indian Council Agriculture Research & anr.; 2009 (4) Bom.C.R. 107, where it was held that ICAR and its institutes are industries. The Court observed that the petitioners did not dispute that the said judgment applies to the facts of this case. Consequently, the Court dismissed the writ petition, upholding the Tribunal's award.
Headnote
A) Industrial Law - Definition of Industry - Section 2(j) Industrial Disputes Act, 1947 - ICAR and its institutes held to be 'industry' - The question whether ICAR and its institutes are 'industry' under Section 2(j) was already decided by a Single Judge of this Court in Duryodhan Hiraman Ingole & ors. vs. Indian Council Agriculture Research & anr.; 2009 (4) Bom.C.R. 107, holding that they are industries. The Court followed that precedent and dismissed the petition. (Paras 3-4)
Issue of Consideration
Whether the ICAR and its institutes including petitioner No.2 is an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947?
Final Decision
The writ petition is dismissed. The award of the Central Government Industrial Tribunal-cum-Labour Court, Nagpur is upheld.
Law Points
- ICAR and its institutes are 'industry' under Section 2(j) of Industrial Disputes Act
- 1947
- Retrenchment compensation under Section 25F of Industrial Disputes Act
Case Details
2013 LawText (BOM) (10) 172
Writ Petition No.3583/2003
Mr. A. R. Atrey for petitioners; Ms H. N. Jaipurkar with Mrs. B. N. Jaipurkar for respondents
The Chairman/Director, National Bureau of Plants Genetics Resources, Indian Council of Agricultural Research, Pusa Camp, New Delhi & Anr.
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Nature of Litigation
Writ petition challenging an award of the Central Government Industrial Tribunal-cum-Labour Court, Nagpur.
Remedy Sought
Petitioners sought to quash the award of the Tribunal which had granted retrenchment compensation to the respondent workmen.
Filing Reason
Petitioners challenged the award on the ground that ICAR and its institutes are not an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947.
Previous Decisions
The Central Government Industrial Tribunal-cum-Labour Court, Nagpur had passed an award in favor of the workmen. The petitioners filed the present writ petition against that award.
Issues
Whether the ICAR and its institutes including petitioner No.2 is an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947?
Submissions/Arguments
Petitioners argued that ICAR and its institutes are not an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947.
Respondents relied on the judgment in Duryodhan Hiraman Ingole & ors. vs. Indian Council Agriculture Research & anr.; 2009 (4) Bom.C.R. 107, which held that ICAR and its institutes are industries.
Ratio Decidendi
The question whether ICAR and its institutes are an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947 has already been decided by this Court in Duryodhan Hiraman Ingole & ors. vs. Indian Council Agriculture Research & anr.; 2009 (4) Bom.C.R. 107, holding that they are industries. The petitioners did not dispute that the said judgment applies to the facts of this case. Hence, the petition is dismissed.
Judgment Excerpts
Whether the ICAR and the institutes under its control including the petitioner No.2, is an 'industry' under Sec.2(j) of the Industrial Disputes Act, 1947?
It appears that the said question was specifically raised and decided by the learned Single Judge of this Court in the case of Duryodhan Hiraman Ingole & ors..vs..Indian Council Agriculture Research & anr.; 2009 (4) Bom.C.R. 107.
Procedural History
The Central Government Industrial Tribunal-cum-Labour Court, Nagpur passed an award in favor of the respondent workmen. The petitioners filed Writ Petition No.3583/2003 before the Bombay High Court challenging that award. The High Court heard the matter and dismissed the petition on 1 October 2013.
Acts & Sections
- Industrial Disputes Act, 1947: 2(j)
