STATE OF PUNJAB Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE State of Punjab has challanged the award of the Labour Court dated February 4,1993 rendered in Reference No. 11/91 filed on February 18, 1991, in this petition under Articles 226/227 of the Constitution of India.

(2.) SUKHDEV Singh son of Sadhu Singh, respondent No. 2 (hereinafter to be referred to as the 'workman') was engaged on daily wage basis by the Horticulture Development Officer, Faridkot. The workman sought a reference from the appropriate Government to the Labour Court that his service were illegally terminated. The Horticulture Development Officer, Faridkot and the In-charge Government Garden and Nursery, Sarai Nagar, Tehsil Muktsar, District Faridkot, opposed the reference, interalia, pleading that the management/respondents to the reference was not an 'industry" within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947 (for short, the Act) and as such the Labour Court had no jurisdiction to entertain the reference. It was also pleaded that the workman was a casual worker and he was given employment keeping in view the exigency of work.

(3.) THE Labour Court, on the pleadings of the parties, framed the following issues