DHARMARTH TRUST J&K Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner, through the medium of this petition, under Article 226 of the Constitution of India, seeks quashment of order dtd. 9/9/2003 of the Industrial Tribunal, Jammu, whereby an award was passed in favour of the respondent No.2 namely Chand Ram, on a reference made to it by the Government of Jammu and Kashmir, vide SRO 13 dtd. 21/1/2003.

(2.) By virtue of the impugned order, the Tribunal held the termination of the services of the respondent no.2-Chand Ram illegal and quashed the termination order. The Tribunal also held the respondent no.2 to be in continuous service of the petitioner-Trust and entitled to receive back-wages to the extent of 50% from the date of his termination till the passing of the award, in favour of the respondent no.2.

(3.) Aggrieved of the impugned order, the petitioner has assailed the said award before this court on various grounds, inter alia, that the respondent no.2 was not a workman as defined under Sec. 2 of the Industrial Disputes Act as the provisions of the Act are not applicable to the petitioner Trust because it does not fall within the definition of 'Industry' as contained in Sec. 2(j) of the Act.