BHARATI BHAWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 18.6.2002 passed by the Certifying Officer appointed under the Industrial Employment (Standing Orders) Act, 1946 whereby the plea of the petitioner that it does not come within the definition of industrial establishment as defined under Section 2(e) of the aforesaid Act, has been rejected.

(2.) PETITIONER is an establishment registered under the Bihar Shops and Establishment Act, 1953 bearing Registration No. PT 11119 (563 -5) having its office at Thakurbari Road in the town of Patna. According to the petitioner it is engaged as publisher and distributor of books and for that purpose the manuscript given by the author after editing, filming etc. on computer is, sent to the press where the books are printed and sent to it after binding by independent binders. According to the petitioner, it only deals with the intellectual contents of the book and material for producing the book i.e. paper, glue, cover printed material etc, are not handled by it. The petitioner has averred that as per the advise of the then Deputy Labour Commissioner it submitted a draft standing order for certification under the Industrial Employment (Standing Orders) Act by letter dated 7.5.1985. However, according to it when the matter was being re -examined closely it came to the conclusion that the petitioner does not come within the definition of the industrial establishment as defined under section 2(e) of the Industrial Employment (Standing Orders) Act. The petitioner made known its plea to. the Certifying Officer by its letter dated 2.12.1985 but did not receive any communication for nearly three years in this regard. Later on. by letter dated 2.6.1988 respondent no.2 i.e. the Certifying Officer informed to the petitioner that it is covered by the definition of industrial establishment and in the aforesaid premises he directed the petitioner to submit draft standing order for certification. Petitioner yielded to the said request and submitted the draft standing order for certification. However, no final decision was taken in this regard and I do not know under whose influence the matter was kept pending. It is after a lapse of six years the Certifying Officer had issued passed letter dated 5.7.1994 again requesting the petitioner to submit draft standing order for certification and this time the petitioner joined the issue and by letter dated 7.7.1994 informed the Certifying Officer that the establishment having been registered under the Bihar Shops and Establishment Act, it is not required to keep the certified standing order under the Industrial Employment (Standing Orders) Act. Further by letter dated 12.7.1994 petitioner informed to the authority that it did not come within the definition of industrial establishment as defined under Section 2(e) of the Industrial Establishment (Standing Orders) Act. After the aforesaid reply the matter was again put in cold storage and after a gap of four years the Certifying Officer by its letter dated 25.7.1998 sought for the following informations: -

(3.) IT is relevant here to state that while rejecting the plea of the petitioner the Certifying Officer has referred to the enquiry report of the Assistant Commissioner in which it has been stated that 192 persons have been engaged by the petitioner who worked as Sales Representatives, Telephone Operators, Peons, Supervisors, Proof Readers, Typists, Office Assistants, Accounts Assistants (Administration), Manager Production, Despatch Assistants, Computer Operators, Artist. Salesman, Executive Production, Cashier, Store Incharge etc. In the said report the Assistant Labour Commissioner has stated that the petitioner is engaged in the business of publication and distribution but the work of printing is done from out side. The Assistant Labour Commissioner in its report has further stated that although 192 persons have been engaged by the petitioner but the same being not an industrial establishment, the provisions of Industrial Employment (Standing Orders) Act shall not apply to it. However, the Certifying Officer found that the petitioner is engaged in production of the books and as such comes within the definition of the industrial establishment in view of the inclusive definition of the industrial establishment under section 2(e) of the aforesaid Act as the petitioner is covered within the definition of industrial establishment as defined under section 2(ii) of the Payment of Wages Act.