INDIAN RED CROSS SOCIETY Vs. ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) THIS judgment will also dispose of Civil Writ Petitions Nos. 4446 of 1982 and 2580 of 1983, as the question involved, viz. , whether the Indian Red Cross Society, Haryana (hereinafter called "the society"), falls within the definition of "industry", as defined under Section 2 (j) of the Industrial Disputes Act, 1947 (hereinafter called "the Act") or not, is common in all these cases.

(2.) THE facts giving rise to Civil Writ Petition No. 1695 of 1982, in brief, are that the workman, Kali Ram, one of the respondents in this writ petition, worked as a salesman, on daily wages, with the society, with effect from February 14, 1976. He continued to work as such till June 2, 1980, when he was not allowed to work and was relieved of his duties. On demand notice by the workman, reference was made to the Labour Court. The workman pleaded that the action of the society was violative of Section 25-F of the Act, as he had already put in a service of more than 240 days continuously. He had been victimised since juniors to him were retained in the job by the society and that he wanted his reinstatement with full back wages. In the written statement filed on behalf of the society, it was pleaded that the workman was a daily wage earner; the society was not an "industry" and had its own statute to be governed by it; the services of the workman were not required by the society and that the termination of his services amounted to discharge simpliciter. On the pleadings of the parties, the Labour Court framed the following issues:

(3.) UNDER Issue No. 2, the Labour Court found: