ASIATIC SOCIETYS EMPLOYEES UNION Vs. ASIATIC SOCIETY

JUDGEMENT

(1.) The appellant before us is the Union of the Employees of Respondent No. 1, the Asiatic Society, a society registered under Act XXI of 1860 (hereinafter referred to as 'the Society'). There was a dispute between the Society and its employees, which was referred by the State of West Bengal for adjudication to the First Industrial Tribunal (Respondent 3), by the order of 23-12-63, which is at p. 9 of the Paper-book. When the reference came up before the Tribunal, the Society raised the preliminary objection to the jurisdiction of the Tribunal on the ground that the reference was ultra vires since the Society did not carry on any 'industry' and its employees were not 'workmen' within the meaning of those terms as defined by the Industrial Disputes Act, 1947.

(2.) The Tribunal rejected the said objection by its order of 28-6-64 (p. 11 of the Paper-book), holding that the Society was not an educational institution, but an 'undertaking', coming within the definition of 'industry' and that, accordingly, the parties were governed by the Industrial Disputes Act and the reference was competent.

(3.) Thereupon the Society came to this Court with a Petition under Article 226 (p. 1 of the Paper-book), challenging the validity of the order of reference of 1963 and the order of the Tribunal of 28-6-64 rejecting the Society's objection as to jurisdiction. On 16-9-66. B. C. Mitra, J. allowed that petition and quashed the two impugned orders, holding that the Society was not an undertaking or industry within the purview of the Industrial Disputes Act (pp. 57-66).