1960 (9) TMI 118 - HC - Indian Laws

Central Government Authority for Cantonment Board Disputes; Record Keeper Not Workman; Tribunal Awards Invalidated

Cantonment Board, Ambala Cantt. Versus  State of Punjab and Ors.

The High Court held that the Central Government is the appropriate authority for referring disputes involving Cantonment Boards. The dispute between the ... - Issues Involved:1. Jurisdiction of the Punjab Government to make the reference.2. Whether the dispute between a Cantonment Board and its Record Keeper constitutes an industrial dispute under the Industrial Disputes Act, 1947.3. Whether the employees of Cantonment Boards are considered 'workmen' under the Industrial Disputes Act.4. Validity of the awards given by the Industrial Tribunal.Issue-Wise Detailed Analysis:1. Jurisdiction of the Punjab Government to Make the Reference:The primary contention was whether the Punjab Government had the authority to refer the dispute to the Industrial Tribunal. The Cantonment Boards argued that the Central Government, not the Punjab Government, was the appropriate authority for such references. The Tribunal initially overruled this objection, relying on a letter from the Central Ministry of Defence, which stated that the State Government was the 'appropriate Government' for disputes involving Cantonment Boards. However, the High Court found that the management and control of Cantonment Boards are under the Central Government, as per the Cantonments Act, 1924. The Court concluded that the Central Government is the appropriate referring authority in disputes involving Cantonment Boards.2. Whether the Dispute Constitutes an Industrial Dispute:The Court examined whether the dispute between the Cantonment Board and its Record Keeper, Krishan Murti, could be classified as an industrial dispute. The Industrial Disputes Act defines an industrial dispute as a conflict between employers and workmen related to employment terms or conditions of labor. The Court referenced the Supreme Court's decision in D. N. Banerji v. P. R. Mukherjee, which held that disputes involving municipal employees could be considered industrial disputes if the work is analogous to trade or business activities. However, the Court distinguished administrative staff from industrial activities, concluding that purely administrative roles, such as that of a Record Keeper, do not fall within the scope of industrial disputes.3. Whether Employees of Cantonment Boards are 'Workmen':The definition of 'workman' under the Industrial Disputes Act includes individuals employed in any industry for manual, supervisory, technical, or clerical work, excluding those in managerial or administrative capacities. The Court determined that employees must be engaged in industrial or quasi-industrial activities to be classified as workmen. Activities such as lighting, road maintenance, and sanitation could be considered industrial, but administrative tasks like record-keeping do not qualify. Therefore, Krishan Murti, as a Record Keeper, was not considered a workman under the Act.4. Validity of the Awards Given by the Industrial Tribunal:The Court found that the Industrial Tribunal lacked jurisdiction because the Punjab Government was not the appropriate referring authority. Additionally, the disputes involving administrative staff like Krishan Murti did not qualify as industrial disputes. Consequently, the awards given by the Tribunal were invalid. The Court quashed the awards but did not award costs to either party.Conclusion:The High Court held that the Central Government is the appropriate authority for referring disputes involving Cantonment Boards. The dispute between the Cantonment Board and its Record Keeper was not an industrial dispute, and the Record Keeper was not a workman under the Industrial Disputes Act. The awards by the Industrial Tribunal were quashed due to lack of jurisdiction and the nature of the disputes.