LAWS(DLH)-1978-1-5

INDIAN BANK Vs. DELHI DEVELOPMENT AUTHORITY

Decided On January 13, 1978
INDIAN BANK Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This criminal revision is directed against the conviction of the petitioners for offences under S. 29 (2) of the Delhi Development Act. The petitioners are the Indian Bank South Extension, Part II, New Delhi and its Manager. The case of the prosecution was that a branch of the Indian Bank was functioning at D-4, Ring Road, N.D.S.E. Part II, New Delhi which led to the allegation that the bank was functioning contrary to Sec. 14 of the Delhi Development Act. A complaint was accordingly filed under Section 29 (2) of the Act. The sanction for the prosecution was given by the Secretary, of the Delhi Development Authority. The Magistrate convicted the conviction was maintained by the Additional Sessions Judge, who however reduced the sentence on the managar to Rs. 500.00 fine and on the Bank to Rs. 1000.00 fine. The fines have been paid but the petitioners have moved this Court.

(2.) In support of the contention that the conviction is unfounded the learned counsel for the petitioners has urged three points. Firstly, it is urged that the running of a bank does not contravene the Master Plan because even in residential zones, public utilities are Permitted and the running of the bank is a public utility service. To understand this contention it ii necessary to refer to page 48 of the Master Plan for Delhi, wherein the permitted uses in residential zones are set out. One of the permitted uses is 'public utilities and buildings except service and storage yards.' It is contended that a bank is a public utility service. In order to substantiate this claim a reference has been made to a notification issued by the Ministry of Labour under the Industrial Disputes Act, 1947 whereby the banking industry carried on by a banking company has been declared to be a 'public utility sevice.' The actual notification seems to show that this declaration is for six months but it maybe that this period has been extended. On the basis of this notification it is contended that the running of the bank is a public utility and, therefore, the use is not contrary to the Master Plan This contention requires some analysis.

(3.) Under the Industrial Disputes Act, 'Public Utility Services' are defined in Sec. 2 (n). They include railway service, port service, postal service etc. or any other industry which the appropriate Government may declare to be a public utility service from the list set out in the First Schedule. The declaration has to be for an emergency or in public interest. The effect of such a declaration under the Industrial Disputes Act is that the employer cannot declare a lockout an the employees can also not go on strike, subject to certain limitations. (Refer in this connection Ss. 22, 23 and 24 of that Act). The effect of the notification of a public utility service under the Industrial Disputes Act is to tender strikes and lockouts in such industries more difficulty and illegal in certain circumstances. The function of the industrial Disputes Act is quite different from that of the Delhi Development Act. The Delhi Development Act is concerned with the planning of the metropolitan city of Delhi and its surroundings and is not at all concerned with the financial or economic system of the country in general; nor has the Delhi Development Act anything to do with labour-management relations. In order to see what are the permitted uses under the Master Plan one cannot be guided by any declaration which may be made under the Industrial Disputes Act. This is even more clear from the fact that the Government may issue different notifications under the Industrial Disputes Act at different time dependent on the industrial, social or political situation that may exist at any given time. It cannot be that the Master Plan has to vary from time to time in this way. It is, therefore-necessary to say at once that a public utility under the master Plan means a public utility which is commonly so understood by ordinary citizens.