EXECUTIVE ENGINEER Vs. RAJENDRAKUMAR PUNAMCHAND JOSHI

JUDGEMENT

(1.) Mr.R.A. Mishra, learned counsel for the petitioners and Mr.I.S. Suphehis, learned counsel for the respondent.

(2.) These two petitions are filed against independent awards made by the Labour Court in favour of each of the respondent.

(3.) Each of the respondent was appointed as daily wager in the department of the Panchayat which was known as Irrigation Department, after some time w.e.f. 31/1/1989, their services were discontinued. Each of the respondent got the matter referred to the Labour Court. The parties filed their claim and written statements before the Labour Court. The workmen submitted that their termination amounted to retrenchment, while the present petitioner establishment submitted that the irrigation department not being an industry, the respondents could not be taken to be workmen and as such, the reference was incompetent. The learned Labour Court, after giving its due consideration to the facts of the case, held that the department would be an industry within the mischief / definition of sec.2-J of the Industrial Disputes Act, it accordingly, allowed the Reference and directed reinstatement with full back wages.