G C SHARMA Vs. R K BAWEJA

JUDGEMENT

(1.) A dispute regarding the termination of service of respondent No. 3 was referred by the Lt. Governor of Delhi in exercise of its power conferred by Ss 10 (1) (c) and 12 (5) of the Industrial Disputes Act 1947 (hereinafter called the Act) by order dated 1-9-1970 to the Labour Court, Delhi, respondent No. 1.

(2.) A preliminary issue was raised before the Labour Court as to whether the petitioner firm is not an industry under the Act. Respondent No. 1 by the impugned award dated 29-5-1971, has held that the petitioner-firm is an industry and, therefore, the reference is competent. The petitioner-firm has come up under Articles 226 and 227 of the Constitution of India against the said award.

(3.) THE case of the petitioner-firm thus is that it is a firm of Chartered Architects and that the nature of the work done by it is of personal service and, therefore, it is not an industry within the Act. The respondent-workman, however, maintained that the nature of the work performed by the petitioner-firm has all the attributes of an industry within the Act and, therefore, reference was validly made.