SIDDARTHA EDUCATIONAL SOCIETY, BY ITS SECRETARY Vs. TUMKUR DISTRICT TECHNICAL INSTITUTIONS NON-TEACHING EMPLOYEES UNION (REGD.), BY ITS SECRETARY AND ANOTHER

JUDGEMENT

(1.) THE petitioner has challenged in this Writ Petition the award of the Labour Court, Bangalore, dated 2.12.1994 passed in Reference No. 11/90 holding that the respondents are entitled to pay and allowances in the regular time scale pay from the date on which they completed one year of service in the second party management from the date of initial appointment and that they are entitled to receive DA, CCA, HRA and other allowances on par with non -teaching staff of Government Technical Institution and directing the petitioner to pay the same.

(2.) THE aforesaid award came to be passed on a reference made by the Government of Karnataka under Section 10(1)(c) of the Industrial Disputes Act, 1947. The dispute which was referred for adjudication was as under: - "(1) Whether the demand of the non -teaching employees of Sri Siddartha Institute of Technology, Tumkur, for revision of payscales, CCA, interim allowance, pay and other allowances, on par with the pay scales, CCA and other allowances paid to the non -teaching staff in Government Technical Institutions from the year 1979 is justified? (2) If not, what is the relief to which these employees are entitled to?

(3.) THE petitioner has filed their counter statement opposing the said claim. It is contended by them that the petitioner Sri Siddartha Institute of Technology is established by Sri Siddartha Education Society, a body registered under the Societies Registration Act. Siddartha Institute of Technology is an unaided institution. The society is a social service organization established for the purpose of imparting education in rural area. It is not a productive oriented or profit oriented organization. The main object was to impart education to Scheduled Castes and Scheduled Tribes and the said institution is run by members belonging to that class. It is not an industry as defined under the Act.