EXECUTIVE ENGINEER NATIONAL HIGHWAYS Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THE short question that arises for consideration in this writ application is whether the National Highways Division under the Works Department of the Government is an "industry" within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947.

(2.) THE Government of Orissa in the Labour Department in exercise of Lhe power conferred upon it by Sub-section (5) of Section 12 read with Section 10 (1) of the Industrial Disputes Act (hereinafter referred to as "the Act"), referred the following dispute for adjudication of the Industrial Tribunal:

(3.) THE petitioner in the objection filed before 1 the Tribunal took a stand, apart from several other stands with which we are not concerned in the present writ application, that the National Highways Division, Baripada, was not an "industry" and, therefore, the Industrial Tribunal 2 had no jurisdiction to entertain and adjudicate the dispute. Though such a stand was taken in the written objection filed by the petitioner, not an iota of material was placed before the Tribunal in support of the said stand. The Tribunal, 2 therefore, following the decision of the Supreme Court in Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978-I-LLJ-349) and taking judicial notice of the fact that tolls and taxes are collected over the bridges constructed by the National Highways Division, came to the conclusion that the said National Highways Division is an industry. On the merits of the reference, the Tribunal held that the workmen had been illegally and arbitrarily retrenched without complying with the provisions of Section 25-F of the Act and accordingly the Tribunal directed reinstatement in service with fullbackwages. The award of the Tribunal has been annexed as Annexure 11.