LAWS(BOM)-1996-8-92

GAJANAN MAHARAJ SANSTHAN Vs. UNION OF INDIA

Decided On August 07, 1996
GAJANAN MAHARAJ SANSTHAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner Charitable Trust posed a question as to, whether the Central Government within its discretion as conferred by the Act, can refuse to bring a particular provision of the enactment into force. The facts leading to the question are thus:

(2.) THE Industrial Disputes Act initially vide. Section 2 (j) provide the definition of the term 'industry'. Subsequently, the term was interpreted by the Supreme Court in a decision reported in Bangalore Wafer Supply and Sewerage Board' v. Rajappa and Ors.--popularly known as 'bangalore Water Supply. 1978-I-LLJ-349) (SC) case. The decision amplified the scope of term 'industry'. It also covered the charitable trusts. Subsequently, the Parliament passed Industrial Disputes (Amendment) Act of 1932. By Clause (e), definition of term 'industry1 has substantially been amended and Charitable organizations have been excluded from the term 'industry1. However, the Amending Act, by Sub-section (2) of Section 1, provided, "it shall come into force on such date as the Central Government may by a Notification in Official Gazette, appoint". Accordingly, the; Government of India, by Notification dated August 21, 1984, brought into force most of the provisions of the Amending Act. However, Clause (c) which has amended the definition of term 'industry' has not been brought into force. Consequently,, employees of the petitioner trust continued to be governed by the Industrial Disputes Act. We have heard Mr. Patil for the petitioner, Mr. A. B. Choudhari for respondent Union of India and we record with appreciation the assistance rendered by Mr. R. B. Pendharkar who acted as Amicus Curiae.

(3.) ACCORDING to the learned Counsel for the petitioner, the Central Government has arbitrarily withheld the provisions for a sufficiently long time. As such a writ of mandamus needs to be issued to the Central Government to notify the date for bringing the provisions into force.