DIVISIONAL FOREST OFFICER KENDU Vs. JAGANATH PRADHAN

JUDGEMENT

(1.) THE short question that falls for consideration in this batch of writ applications filed by the Divisional Forest Officer, Kendu Leaf Division, Deogarh, challenging the decision of the Labour Court granting compensation to the employees on their retrenchment, is whether the Kendu Leaf Division is an 'Industry' ?

(2.) EACH of the employees filed an application under Section 33C(2) of the Industrial Disputes Act against the petitioner claiming retrenchment benefits. Each of them claimed to have worked for more than 240 days in a full calendar year.

(3.) MR . R.K. Patra, the learned Additional Government Advocate, has urged that the venture carried on by the Kendu Leaf Division was in discharge of severeign functions. The functioning is in exercise of statutory powers. Hence, the requirements of Section 2(j) were not satisfied. Mr. J.K. Tripathy, the learned counsel for the employees, has submitted that the Labour Court has correctly appreciated the ratio laid down by the Supreme Court in Bangalore Water Supply Case : (A.I.R. 1978 S.C. 548) and having regard to the nature of the venture, the Kendu Leaf Division is an industry.