BAL BAHADAR Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the order dated 3.12.2012 passed by learned Single Judge whereby the writ petition filed by the appellant against the award dated 28.1.2011 rejecting his claim for reinstatement on the ground that the reference was not maintainable, has been dismissed. A few facts relevant for the decision of the controversy as narrated in the appeal may be noticed. The appellant was working as Parashadi Sewadar with the respondent-Radha Swami Satsang Beas w.e.f. 1.2.1989 to 8.7.2001. His services were terminated on 9.7.2001 without any notice, charge sheet or enquiry. Aggrieved thereby, the appellant raised industrial dispute and the matter was referred to the Industrial Tribunal Amritsar for adjudication. The primary dispute was whether respondent No. 2 was an 'industry'. After examining the matter, the Tribunal vide award dated 28.1.2011 came to the conclusion that the respondent No. 2 was not an 'industry' and therefore, the reference was not maintainable. Aggrieved by the award, the appellant filed CWP No. 20539 of 2011 in this Court. Vide order dated 3.12.2012, impugned herein, the writ petition was dismissed. Hence the present appeal by the appellant.

(2.) We have heard learned counsel for the appellant and perused the record.

(3.) Learned Single Judge has dismissed the writ petition relying upon judgment of this Court in Mange Ram v. Presiding Officer and another, 2010 3 SCT 759, wherein it was held that Radha Swami Satsang Beas was not an 'industry'. In the said judgment, it was recorded as under:-