MAHESWAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Rayagada Motor Employees' Union represented by its secretary (opposite party No. 3) raised a dispute which was conciliated by the District Labour Officer, Rayagada. He submitted a failure report as per annexure 1. The State Government, in exercise of their powers under Section 12 (5) read with Section 10 (1) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) referred the following dispute for determination by the Industrial Tribunal by their order dated 13-6-72 (annexure 3): Whether the existing wage rates for the heavy vehicle drivers, tractor drivers, cleaners, mechanics, conductors, and checkers employed in the vehicles of the following employers need any revision. If so, what should be the details and from which date the revised rates of wages in respect of the said workmen should be given effect ? In the order of reference thereafter followed a list, under annexure 'b', of 63 employers with the particulars of their vehicles noted against each of them. The two other questions that were referred are:

(2.) THE petitioner No. 1 is an advocate by profession and is the owner of a private car bearing Registration No. A. P. W. 2500 (serial No. 39 of annexure-B ). The petitioners Nos. 2 to 4 (serial Nos. 50, 52 and 57 respectively of annexure-B) are agriculturists by occupation and own tractors for their private purposes. Their stand is that they do not carry on any industry and the employees under them are private employees not in any industry and, therefore, demand, if any, of such employees does not constitute an industrial dispute. The Industrial Disputes Act (14 of 1947) has, therefore, no application in respect of any dispute arising out of their demands for higher wages or better conditions of service. As the Act has no application, the reference is without jurisdiction,

(3.) "industrial dispute" has been defined under Section 2 (k) of the Act to mean "any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected with the employment or nonemployment or the terms of employment or with the conditions of labour, of any person". Section 2 (j) defines "industry" to mean ''any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen". It is conceded that unless the employer is an industry within the definition of the Act there would be no scope for exercise of jurisdiction under the Act.