1990 (10) TMI 375 - HC - Indian Laws

Court dismisses petition, finding respondent not an 'industry', petitioner not a 'workman'. Reference not maintainable.

The court dismissed the petition, upholding the finding that the Respondent No. 1 - Board is not an 'industry', and consequently, the petitioner is not a ... - Issues Involved:1. Whether the Respondent No. 1 - Board is an 'industry' under Section 2(j) of the Industrial Dispute Act, 1947.2. Whether the petitioner is a 'workman' as defined under Section 2(a) of the Industrial Disputes Act.3. The validity of the petitioner's termination and whether he was deemed confirmed after the probation period.Issue-Wise Detailed Analysis:1. Whether the Respondent No. 1 - Board is an 'industry' under Section 2(j) of the Industrial Dispute Act, 1947:The primary issue was to determine if the Respondent No. 1 - Board constitutes an 'industry' under Section 2(j) of the Industrial Disputes Act, 1947. The court referred to the definition of 'industry' and the amendments influenced by the Supreme Court's judgment in Bangalore Water Supply and Sewerage Board v. A. Rajappa and Ors. The court examined the Maharashtra Mathadi, Hamal, and other Manual Workers (Regulation of Employment and Welfare) Act, 1969, which established the Board. The Act's purpose was to regulate employment and ensure the welfare of unprotected manual workers. The Board's functions, as defined under Section 7, included administering the scheme, taking measures for its administration, and submitting reports to the State Government. The court noted that the Board's functions were under statutory control and included powers akin to those of a civil court.The court analyzed whether these functions could be considered 'regal functions' of the State, which are typically excluded from the definition of 'industry'. The court cited the Vishakhapatnam Dock Labour Board case, where it was held that the Dock Labour Board was not an 'industry'. The court found that the Board's functions were primarily administrative and regulatory, akin to the administration of law, which are regal functions. Therefore, the Board could not be classified as an 'industry'.2. Whether the petitioner is a 'workman' as defined under Section 2(a) of the Industrial Disputes Act:Given the finding that the Board is not an 'industry', the court concluded that the petitioner could not be classified as a 'workman' under Section 2(a) of the Industrial Disputes Act. The court upheld the First Labour Court's finding that the reference was not maintainable due to lack of jurisdiction.3. The validity of the petitioner's termination and whether he was deemed confirmed after the probation period:The court noted that the petitioner was appointed on probation and was informed that his services were terminated after the probation period. The petitioner argued that he was deemed confirmed due to the absence of any communication from the Board after the probation period. However, the court did not delve deeply into this issue, given its primary finding that the Board is not an 'industry', making the petitioner's claim for reinstatement under the Industrial Disputes Act untenable. The court briefly mentioned that automatic confirmation on the expiry of the probation period is not typically assumed without explicit confirmation.Conclusion:The court dismissed the petition, upholding the First Labour Court's finding that the Respondent No. 1 - Board is not an 'industry', and consequently, the petitioner is not a 'workman'. The court discharged the Rule and made no order as to costs.