SHRINE BASILICA OF OUR LADY OR HEALTH VAILANKANNI UNDER THE CONTROL OF DIOCESE OF TANJORE SOCIETY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD the parties.

(2.) THE writ petition was filed by the Rector and Parish Priest of Shrine Basilica at Vailankanni challenging the order of the first respondent State made in G.O.(D) No.149, Labour and Employment Department, dated 19.2.1999. By the aforesaid order, the first respondent by the exercise of its power conferred under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short 'the ID Act') referred certain issues for adjudication by the Labour Court, Cuddalore. THE following are the issues :-

(3.) THE two contentions raised by the learned counsel for the petitioner. THE first contention was that the workmen represented by the third respondent union are not workmen within the meaning of Section 2(s) of the ID Act and that the petitioner being a religious establishment cannot be considered to be an ''industry'' within the meaning of Section 2(j) of the ID Act. THE second contention was that since the trade union represents more than 100 workmen and as the issue referred for adjudication falls under Third Schedule to the ID Act, the reference could only be made to the Industrial Tribunal and not to the Labour Court.