ASIF USMANBHAI PIPARWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE in Special Civil Application Nos. 901 of 2013 to 924 of 2013. Mr. Manan Maheta, learned Assistant Government Pleader waives service of notice of rule on behalf of the respective respondents.

(2.) THE captioned petitions have been filed against the common award dated 12.03.2008 passed in different references by the learned Presiding Officer, Labour Court, Surendranagar whereby the references of the petitioners came to be rejected.

(3.) LEARNED advocate appearing for the petitioners contended that Labour Court erred in holding that the respondentinstitution does not fall within the definition of "Industry" as defined under Section 2(j) of the Industrial Disputes Act, 1947. ( hereinafter referred to as 'the Act'). He further submitted that the respondent department is an "industry" so far the activities performed by the respondents. It is not sovereign function which cannot be handed over to any private persons. In support of his submission he placed reliance on the decision of the Hon'ble Supreme Court in case of the Corporation of the City of Nagpur versus its employees reported in AIR 1960 SC 675. Clause (xviii) of para 20 reads as under: