MAHILA SAMITI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE order in this petition shall also govern the disposal of Miscellaneous Petitions Nos. 500 and 509 both of 1982.

(2.) A common question in all these three petitions for decision is whether the petitioner establishment engaged in furtherance of popularly known Family Planning Scheme is an "industry'' within the meaning of Section 2 (j) of the Industrial Disputes Act ?

(3.) THE petitioner in all the three petitions is a society constituted under the provisions of the Madhya Pradesh Societies Registration Act, 1960 (Act No. 21 of 1960 ). Its object is to advance social, economic, educational and cultural standard of women and its field of operations is Tikamgarh district. It also endeavoured to assist the State Government in advancement of the Family Planning Programme. For this purpose the respondents Smt. Beni Bai (in M. P. No. 498 of 1982) was engaged as Health Assistant, Smt. Sharikunnisa (inm. P. No. 498 of 1982) as Village Worker and Smt. Margarate Masih (in M. P. No. 509 of 1982) as an Aya. The society terminated their services. All the aforesaid three employees approached the Labour Court by a petition under Section 33-C (2) of the Industrial Disputes Act, 1947 laying a claim for certain amount as difference of salary. Their assertion had been that they were paid less by the employer, namely, the petitioner, during the period they served it and were in its employment. Those applications were proceeded exparte and have been allowed by the impugned orders directing the petitioner to pay certain amounts to the respondents-employees.