STATE OF RAJASTHAN Vs. INDUSTRIAL TRIBUNAL RAJASTHAN

JUDGEMENT

(1.) THIS writ application filed by the State of Rajasthan raises an important question of law whether the Suryey & Investigation Division of the Irrigation Department of the State is covered by the definition of 'industry' as given in sec. 2 ( j ) of the Industrial Disputes Act, 1947 (hereinafter called the Act ).

(2.) ONE motor driver Manaram, who was employed in the Survey & Investigation Division of the Irrigation Department of the State was discharged from service on 2nd December, 1959, and therefore a dispute was raised by Ajmer Division Sinchai Vibhag Karamchari Sangh before the Conciliation Officer, Ajmer. The Conciliation Officer submitted his failure report. Thereupon, a reference was made by the State Government under sec. 10 (1) (d) of the Act to the Industrial Tribunal to adjudicate whether the termination of the services of Manaram was justified

(3.) IN view of the aforesaid observations of Lord Atkinson, the Court in order to interpret the term 'industry' as defined in the Act shall have to take into consideration the circumstances which the legislature kept in view when enacting the INdustrial Disputes Act, namely, how to keep pace with the march of time and provide for the new situations in the social evolution which is a process of constant growth of particular nation and the growing menace which was to be remedied in the field of labour troubles. It is in this background that the Supreme Court observed in D. N. Banerji's case that "if the words are capable of one meaning alone, then it must be adopted, but if they are susceptible of wider import, we have to pay regard to what the statute or the particular piece of legislation had in view. Though the definition may be more or less the same in two different statutes, still the objects to be achieved not only as set out in the preamble but also as gather able from the antecedent history of the legislation may be widely different. The same words may mean one thing in one context and another in a different context. This is the reason why decisions on the meaning of particular words or collection of words found in other statutes are scarcely of much value when we have to deal with a specific statute of our own. "