ZILA PARISHAD FEROZEPUR Vs. LABOUR COURT PATIALA

JUDGEMENT

(1.) The facts leading to the filing of this writ petition are that respondents Nos. 2 to 4, who were employed as vaccinators, on their retirement, claimed gratuity from their employer, the Zila Parishad, Ferozepur, the petitioner in this case, by virtue of bye-law 8 framed under Section 9 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961. On refusal by the petitioner to pay to respondents Nos. 2 to 4, the gratuity, they raised an industrial dispute before the Labour Court, Patiala. On the objections of the petitioner, the Labour Court tried the matter on the following issues :-

(2.) In this petition under Articles 226/227 of the Constitution of India, the petitioner - The Zila Parishad, Ferozepur - has challenged the award of the Labour Court on the ground that the Zila Parishad is not an 'industry' as defined in the Industrial Disputes Act, 1947 , (hereinafter referred to as the Act). The contention of the petitioner is that the Zila Parishad, Ferozepur, is a local body and just an extension of Government itself and performs only those functions, which are delegated to it by the Government of Punjab to be done locally. These functions are not run in a business-like manner or with a profit motive and thus cannot be said to be an 'industry' in nature; much less the work of preventive vaccination done by respondents Nos. 2 to 4, for which nothing is charged from the public. It is also averred that respondents Nos. 2 to 4 do not fall within the term 'workman' as they had retired from service and that bye law 8 was not operative. On these main grounds, the award of the Labour Court, Annexure P.3, dated 19th of March, 1977, was sought to be quashed.

(3.) In reply, respondents 2 to 4 controverted the assertions of the petitioner and maintaining that the Zila Parishad was an 'industry' urged that they being workmen were entitled to receive gratuity. The award of the Labour Court was supported.