RANCHI UNIVERSITY Vs. PARSURAM SINGH

JUDGEMENT

(1.) Both these appeals have been preferred by Ranchi University, Ranchi, against the common judgment dated March 1, 2004 passed by the learned single Judge in CWJC No. 90 of 2001 and CWJC. No. 308 of 2001, whereby and whereunder the learned single Judge while dismissing both the writ petitions preferred by the Ranchi University, Ranchi, affirmed the common award dated July 15, 1999 passed by the Presiding Officer, Labour Court, Ranchi, in Reference Case No. 10 of 1996 and 1 of 1996. By the aforesaid common award dated July 15, 1999, the Labour Court, answered the reference in favour of the workmen- respondents, holding their orders of termination illegal and unjustified and directed the Ranchi University to reinstate them with full back wages and other consequential benefits.

(2.) One of the questions raised by the University was as to whether the University is an 'Industry' within the meaning of Section 2(j)of the Industrial Disputes Act, 1947 (hereinafter to be referred as the I.D. Act, 1947), but such question is not required to be answered in this case, in view of seven Judge decision of the Supreme Court in the case of Bangalore Water Supply and Sewerage Board v. Rajappa and Others AIR 1978 SC 969 & 548 : (1978) 2 SCC 213 : 1978-I-LLJ-349. In the said case while discussing the meaning and scope of 'Industry' the Supreme Court held that "Educational Institution" including the University is an 'Industry'.

(3.) In the present case now the only question required to be determined is "whether the termination of respondents' fall within the definition of 'Retrenchment' within the meaning of Section 2(oo) of the I.D. Act, 1947?"