Asha Ram Vs. Div. Engineer Telecom Deptt. & Ors.
EmailAppeal: Civil Appeal No. 1248 of 1999
Petitioner: Asha Ram
Respondent: Div. Engineer Telecom Deptt. & Ors.
Apeal: Civil Appeal No. 1248 of 1999
Judges: S. RAJENDRA BABU & SHIVARAJ V. PATIL, JJ.
Date of Judgment: Jul 20, 2000
Head Note:
SERVICE AND LABOUR LAW
Industrial Disputes Act, 1947
“Industry” – Reference to Tribunal where Telecom Department was held to be not an “industry” – Reference remaining unanswered. Held that in Shri Niwas Rao’s case, (JT 1997 (9) SC 234) the department was held as industry. Hence, matter remanded back to Tribunal for fresh consideration.
(Para 2)
Cases Reffered:
1. General Manager, Telecom v. A. Srinivas Rao & Ors. (JT 1997
(9) SC 234)
(9) SC 234)
JUDGEMENT:
ORDER
1. In a reference made to the Tribunal a finding was recorded that the Telecom Department is not an industry and onthat basis, reference was held to be incompetent and remained unanswered. That award has been challenged in this appeal.
2. This Court in General Manager, Telecom v. A. Srinivas Rao & Ors. (JT 1997 (9) SC 234 = 1997 (8) SCC 767) held that the said department is an industry. In that view of the matter the award made by the Industrial Tribunal-cum-Labour Court is set aside and the matter is remanded to the Industrial Tribunal-cum-Labour Court for fresh consideration in accordance with law after due notices to all the parties.
3. Shri Rajiv Nanda, learned Counsel contends that in view of the earlier decisions of this Court, we should not upset the award made by the Tribunal. But we must make it clear that the question as to whether the respondent is an industry or not, being a live issue in pending matters, which point needed to be considered by the courts or the Tribunal at one stage or the other. The fact being so, we do not think we can accede to the contention advanced on behalf of the respondent. In the circumstances, the appeal is allowed as aforesaid.
1. In a reference made to the Tribunal a finding was recorded that the Telecom Department is not an industry and onthat basis, reference was held to be incompetent and remained unanswered. That award has been challenged in this appeal.
2. This Court in General Manager, Telecom v. A. Srinivas Rao & Ors. (JT 1997 (9) SC 234 = 1997 (8) SCC 767) held that the said department is an industry. In that view of the matter the award made by the Industrial Tribunal-cum-Labour Court is set aside and the matter is remanded to the Industrial Tribunal-cum-Labour Court for fresh consideration in accordance with law after due notices to all the parties.
3. Shri Rajiv Nanda, learned Counsel contends that in view of the earlier decisions of this Court, we should not upset the award made by the Tribunal. But we must make it clear that the question as to whether the respondent is an industry or not, being a live issue in pending matters, which point needed to be considered by the courts or the Tribunal at one stage or the other. The fact being so, we do not think we can accede to the contention advanced on behalf of the respondent. In the circumstances, the appeal is allowed as aforesaid.
