MANUBEN MOHANBHAI HARIJAN Vs. CHOKHA RESEARCH SCIENTIFIC CENTRE

JUDGEMENT

(1.) Heard Mr. Desai, learned advocate for the petitioner corporation and Mr. Chauhan, learned advocate for the respondent.

(2.) The petitioner has brought under challenge award dtd. 28/6/2004 passed by the learned Labour Court in Reference (LCN) No.203 of 1994 whereby the learned Labour Court dismissed the reference only on the ground that the opponent establishment / employer would not come within the purview of the definition of the term industry as defined under Sec. 2(j) of the Industrial Disputes Act, 1947.

(3.) The said award and directions are challenged by the workman on a limited ground viz. the learned Labour Court committed error in taking into account the definition of the term Industry which was in operation at the time when the service of the petitioner was terminated and/or when the order of reference was passed and/or when the award was passed and that, therefore, the impugned award is erroneous and contrary to the statutory provisions as well as in disregard to the decision of the Honble Apex Court in case of Bangalore Water Supply and Sewerage Board vs. A. Rajappa and others [AIR 1978 SC 548].