PREMA GOVINDA Vs. KARNATAKA SMALL SCALE INDUSTRIES ASSOCIATION

JUDGEMENT

(1.) This writ petition is directed against the award dated 1st July 2006 in I.D. No. 74/2001 passed by the I Additional Labour Court, Bangalore.

(2.) Petitioner claiming to be a workman raised a dispute under Section 10(4-A) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') inter alia alleging that, she was appointed by the respondent Association in the year 1998 and she was assured payment of Rs. 2,500/- plus other allowances per month and her service was confirmed on 24-5-1999. Thereafter on 5-3-2001 she was informed by the respondent that, her services are not required by it from 4-4-2001 on the ground of financial constrain. Refusal of work was challenged before the Addl. Labour Court, Bangalore. The main issue that was raised before the Labour Court was : "Whether the workman is a workman within the definition of Section 2(s) of the Act? The Labour Court on consideration of facts held that the respondent is not an industry and rejected the dispute.

(3.) Learned Counsel for the petitioner sub" mitted that respondent is an Association engaging in various activities as per the Memorandum of Association. It also undertakes professional, technical and management consultation service and also undertake research work, thus it is an industry within the meaning of Section 2(j) of the Act. In this regard she relied on a judgment reported in (1961) 2 SCR page 480 : (AIR 1961 SC 484) in the matter of The Ahmedabad Textile Industry's Research Association v. The State of Bombay and submitted that the association which undertakes research work is also an industry and the Apex Court in the said decision held that the said association is an industry. She also submitted that the definition of Section 2(j) of the Act includes providing of service is also an industry.