MUNICIPAL BOARD Vs. INDUSTRIAL TRIBUNAL AND LABOUR

JUDGEMENT

(1.) IN both these writ petitions identical questions of fact and law are involved, therefore they are disposed of by this common order.

(2.) IN both these writ petitions the award given by the Industrial Tribunal dated 20th August, 1983 has been challenged.

(3.) MR . Balia, appearing for the petitioner submits that since the collection of Octroi is a sovereign function, therefore this part of section of the Municipality does not fall within the defintion of Section 2(s) of the Act of 1947 and as such the Labour Court has no jurisdiction to entertain the present application. I am afraid this contention is wholly devoid of force in view of the categorical judgment of their Lordships of the Supreme Court in Bangalore Water Supply and Sewerage Board v. A. Rajappa and Ors. : (1978)ILLJ349SC , wherein it has been clearly laid down that the Municipality is an industry under Section 2(j) and dichotomy suggested by Mr. Balia that the collection of octroi should be treated as sovereign function so as to take out from the purview of the definition of industry is unwarranted. Their Lordships have clearly laid down that: