MUNICIPAL COUNCIL, WASHIM Vs. MANGUJI ZENDUJI DHAMANE

JUDGEMENT

(1.) In this writ petition, the petitioner Municipal Council is challenging the preliminary order passed by the Third Labour Court at Nagpur dated 16th of July 1971 holding that the Conservancy Department of the petitioner Municipal Council is an 'industry' within the meaning of S. 2 (j) of the Industrial Disputes Act, 1947. It appears from the record that the respondents Manguji and' others had filed applications under S. 33 (C) (2) of the Industrial Disputes Act for computation of benefit in terms of money on account of their wages which are due to them for weekly off. Eighteen separate cases were filed against the Municipal Council in this behalf. The claim in all these cases related to the period from 15th of Aug. 1965 to 15th of Aug. 1969. They were filed on 7th of Jan. 1970. The employees were in the service of the Municipal Council as sweepers in Conservancy Department. According to them, the Municipal Council made them to work from 6 a.m. to 1 p.m. and 3 p.m. to 4 p.m. on all the days of week without allowing them any weekly off. According to them, therefore, they were entitled to the benefit of over-time wages and as the Municipal Council failed to pay them the said over-time wages the employees filed the present applications before the Labour Court.

(2.) The petitioner Municipal Council admitted that those employees were engaged as sweepers in the Conservancy Department. However, the Municipal Council denied the allegations that they were made to work over-time. The Municipal Council raised a preliminary objection that the applications are not maintainable as the Conservancy Department of the Municipal Council where the employees are in service is not. an 'industry' within the meaning of S. 2 (j) of the Industrial Disputes Act, 1947 . It was also pleaded that the applications filed by them were barred by limitation. According to the Municipal Council these employees were getting wages more than the minimum wage precribed under the Minimum Wages Act and therefore, their claim for overtime is not tenable.

(3.) The question as to whether the Conservancy Department of the Municipal Council is an 'industry' or not was heard and decided as a preliminary issue and by the aforesaid order the Labour Court held that as the Department renders material services to the community at large in the manner analogous to trade or business, it is an 'industry' within the meaning of the said term as defined in S. 2 (j) of the Industrial Disputes Act, 1947. As already observed it is this part of the order which is challenged in this writ petition.