NEW DELHI MUNICIPAL COUNCIL Vs. O P SETHI

JUDGEMENT

(1.) The petitioner has challenged the award of the Labour Court passed on the 6th of November, 1994. The learned Counsel for the petitioner submitted that:

(2.) All the three questions had been answered by the Labour Court against the petitioner. The Labour Court framed the following issues for its consideration:

(3.) On the first Issue, the Labour Court held that the management failed to prove, by producing necessary materials, that it had not come within the meaning of industry under Section 2(s) of the Industrial Disputes Act, 1947. The learned Counsel for the petitioner on this point submitted that even though the decision of the Supreme Court in The Bangalore Water Supply & Sewerage Board v. A. Rajappa & Others, AIR 1978 SC 969 would apply the facts of this case, but the point had been referred to the Constitution Bench of the Supreme Court and, therefore, the determination of this question should await the decision by the Constitution Bench of the Supreme Court. I am not able to accept this submission. The decision of the Supreme Court in the Bangalore Water Supply's case still holds the field.