SCIENTIFIC OFFICER (SF) Vs. P.SUKUMAR

JUDGEMENT

(1.) The short question that arises for consideration in both these writ petitions is whether the petitioner would constitute an "Industry" within the meaning of Sec. 2(j) of the Industrial Disputes Act, 1947, and thus the petitioner ought to comply with the provisions of Sec. 25F of the Industrial Disputes Act, 1947, while retrenching the 1st respondent in the above writ petitions. A common order is passed in both the writ petitions as the petitioner is aggrieved by the common order of the Tribunal in I.D.Nos. 62/1992 and 63/1992 dtd. 3/4/2006 and the question that is raised in both the writ petitions is identical. The 1st respondent in both the writ petitions are workmen, their stands/ arguments are again common.

(2.) At the outset, it may be relevant to note that this is the second round of litigation. Prior to the present writ petitions, the common order of the Tribunal in I.D.Nos.62/1992 and 63/1992 dtd. 1/4/2006, was challenged by way of writ petitions in W.P.Nos.10597 and 10598 of 1997 which was remitted back to the Tribunal to give a specific finding as to whether the petitioner Department/Unit is an "Industry" within the meaning of Sec. 2(j) of the Industrial Disputes Act, 1947.

(3.) Pursuant to the above order of this Court, the Tribunal passed the impugned order holding that the petitioner would fall within the meaning of "Industry" in terms of Sec. 2(j) of the Industrial Disputes Act, 1947. It is this order of the Tribunal which has been challenged by the petitioner in the present writ petitions on the premise the petitioner would not fall within the definition of Sec. 2(j) of the Industrial Disputes Act, 1947.