GWALIOR VYAPAR MELA Vs. JITENDRA SINGH

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution is filed assailing the order dtd. 16/2/2012 passed by respondent No.3 whereby he referred the matter for adjudication to the Labour Court while invoking the provisions under Sec. 10 of Industrial Disputes, Act, 1947 on a dispute as mentioned in the schedule and award dtd. 19/9/2015 passed by Labour Court No.1 Gwalior answering the reference in favour of workman by holding termination to be unlawful and directed for reinstatement without back-wages.

(2.) Learned counsel for the petitioner/employer had primarily raised two pivotal grounds:-

(3.) Learned counsel for the petitioner while referring to the judgment rendered by Hon'ble Apex Court in the case of State of Madhya Pradesh & Ors. Vs. Somdutt Sharma reported in (2021) 12 SCC 53 submits that in the said judgment the Hon'ble Court has held that since the Irrigation Department does not carry on the manufacturing process, therefore, Irrigation Department will not be an Industrial Establishment within the meaning of Sec. 25-L of Industrial Disputes Act. In the light of the said judgment, the Gwalior Vyapar Mela Prathikaran also will not be an Industrial Establishment within the meaning of Sec. 25-L of Industrial Disputes Act.