STATE OF C.G. Vs. NEMI CHAND SHARMA

JUDGEMENT

(1.) Impugning legality, validity and correctness of the order passed by the Industrial Court, Raipur setting aside the order of the Labour Court under the Payment of Wages Act, Raipur, this writ petition has been filed.

(2.) Learned Counsel for the petitioner/State would submit that the Labour Court has rejected the application filed by respondent No.1, whereas it has been allowed by the Industrial Court. He would further submit that respondent No. 1 was allegedly working in the District Hospital and the District Hospital is not an 'industry' within the meaning of Section 2 (f) of the Industrial Disputes Act, 1947 (hereinafter called as 'Act of 1947') as the correctness of judgment of the Supreme Court in the matter of Bangalore Water Supply & Sewerage Board v. A. Rajappa and others (1978) 2 SCC 213 has been doubted and it has been referred to the larger Bench and it is pending consideration before the larger Bench, therefore, this be kept pending till reference made in Bangalore Water Supply & Sewerage Board (supra) is answered finally by the larger Bench.

(3.) On the other hand, learned counsel for respondent No. 1 would support the impugned order.