LAWS(GAU)-1964-3-3

MANAGEMENT OF ASSAM RASTRA BASHA PRACHER SAMITY Vs. WORKMEN OF ASSAM RASTRA BASHA PRACHER SAMITY AND ORS.

Decided On March 04, 1964
Management Of Assam Rastra Basha Pracher Samity Appellant
V/S
Workmen Of Assam Rastra Basha Pracher Samity And Ors. Respondents

JUDGEMENT

(1.) THE simple point that falls to be determined in this Civil Rule is whether the dispute that has been decided by the Labour Court can be regarded as an industrial dispute within the meaning of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act.

(2.) THE Petitioner is the Management of the Assam Rastra Basha Pracher Samity which claims to be a cultural and educational body for the sole object of promoting the Hindi language and propagating it amongst the people of the State of Assam, Manipur and Tripura and towards this end it has been holding some examinations in Hindi in various centres in Assam, maintaining and running schools and compiling text -books in Hindi, It will also appear that the Samity was formed in Assam in 1938 with its head office at Gauhati and thereafter duly registered with the Registrar of Joint Stock Companies under the provisions of the Societies Registration Act XXI of 1860 in the year 1951 and affiliated with the Akhil Bharatiya Hindi Parishad, Agra.

(3.) THE question that falls to be determined in this civil rule mainly turns, as already pointed out above, on the question whether the activity of the Samity could be regarded as an industry within the meaning of the Act, "In this connection it would be necessary to refer to the relevant provisions of the Act. Section 2(j) of the Act defines industry as follows: