MADHYA PRADESH ADMINISTRATION Vs. TRIBHUBAN

JUDGEMENT

(1.) Leave granted.

(2.) State of Madhya Pradesh runs an establishment in Delhi known as Madhya Pradesh Bhawan. Respondent was appointed on temporary basis from time to time with breaks in services. He worked for the period 13.12.1991 to 1.3.1994. After his services were terminated, an industrial dispute was raised. The said dispute was referred for its determination before the Industrial Tribunal. The Industrial Tribunal by an Award dated 26.7.2002, while holding that in terminating the services of the respondents the appellant has failed to comply with the statutory requirements contained in Section 25-F of the Industrial Disputes Act, awarded only retrenchment compensation along with notice pay together with interest @ 9% per annum. Validity of the said Award was not questioned by the appellant. Respondent, however, filed a Writ Petition thereagainst. By a Judgment and Order dated 24.2.2005 and 15.4.2005, a learned Single Judge of the Delhi High Court allowed the said Writ Petition directing reinstatement of the respondent with full back wages. An intra-court appeal preferred thereagainst has been dismissed by a Division Bench of the said Court by reason of the impugned judgment.

(3.) Mr. Vikas Singh, learned Additional Solicitor General appearing on behalf of the appellant would submit that Madhya Pradesh Bhawan being merely a Circuit House of the Government of Madhya Pradesh, is not an "Industry" within the meaning of Section 2(j) of the Industrial Disputes Act. Learned counsel urged that in that view of the matter, it was not a fit case where a direction of reinstatement with full back wages should have been issued.