SAI BHAKTA SAMAJ Vs. DURGA PRASAD

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the validity of Award passed by the Labour Court No.III dated 14.10.2003.

(2.) Briefly, the facts are that respondents Durga Prasad and Shiv Charan were working in the petitioner"s society as Chowkidar and Pujari respectively. They were retired by the management at the age of 58 years after payment of all dues as applicable under law. They challenged their retirement at the age of 58 years before Conciliation Officer and the following dispute was referred for adjudication:-

(3.) The management took the stand that it was a religious institute registered under the Societies Registration Act. It was conducting charitable activities like running hospital, clinic, dharamshala etc. therefore, it was not covered under the definition of industry. The other plea of the management was that both workmen were superannuated from services only at the age of superannuation i.e 58 years as per model standing order. There was no illegality in it. Both the pleas of the management were rejected by the Tribunal and Tribunal came to the conclusion that since the management was running a diagnostic, laboratory, a X-ray unit and management was charging money for the services and it was also earning from donations, the management was an industry as defined by the Supreme Court in Bangalore Water Supply and Sewage Board Vs. A. Rajjappa- 1978 (2) SCC 230. The Tribunal held that management did not produce service record and appointment letters of the workmen showing that the workmen could be retired at the age of 58 years. The retirement of the workmen was illegal and in violation of the principal of natural justice. Tribunal, considering that during the pendency of the proceedings the workmen had reached at the age of 65 and 62 respectively directed the management to pay lump sum compensation of Rs. 20,000/- to each of the workman.