UNION OF INDIA Vs. SHRI MAHAVEER PRASAD

JUDGEMENT

(1.) THIS second appeal by the Union of India arises in the following circumstances : -

(2.) MAHAVEER Prasad, plaintiff was a temporary employee of the Central Arid Zone Research Institute, Jodhpur (hereinafter referred to as 'the Institute' ). His services were terminated by the Director of the aforesaid institute after giving him one month's notice on April 30, 1964. MAHAVEER Prasad filed a suit in the court of Additional Munsiff No. 1, Jodhpur challenging the termination of his services on the ground that the same was brought about by way of punishment without complying with the requirements of Art. 311 of the Constitution. Another ground advanced by the plaintiff was that the termination of his services was in contravention of the provisions of Arts. 14 and 16 of the Constitution. The third ground advanced in the alternative was that the Central Arid Zone Research Institute, Jodhpur was an 'industry' within the meaning of the clause (j) of section 2 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and the services of the plaintiff were terminated without complying with the requirements of section 25f of the Act, which constituted a condition precedent for retrenchment.

(3.) THE expression 'industry' has been defined in section 2 (j) of the Act as under : - "industry'" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen. "