HARSH VARDHAN MATHUR Vs. XAVIOR LABOUR RELATIONS INSTITUTE

JUDGEMENT

(1.) THE petitioner has challenged the judgment and award dated 29th March, 2005 passed by the Presiding Officer, Labour Court Jamshedpur in B.S. Case No. 5 of 1994, whereby and where - under, the petitioner 'sapplication, under Sec.26(2) of the Bihar Shops and Establishment Act, 1953 (the Act for short), has been rejected on the ground of if being not maintainable.

(2.) LEARNED counsel for the petitioner submitted that apart from imparting education, respondent is undertaking other activities by selling its services, which has got an element of business and thus it is an establishment under the Act. He relied on the judgment - - - - , Management of Tata Iron and Steel Co. Ltd. V/s. Chief Inspecting Officer and Ors., and submitted that the activities undertaken by the respondent other than the educational activities are not incidental to education and, thus, even in the absence of motive of profit the respondent is an establishment under the Act.

(3.) MR . Sinha lastly submitted that in the said judgment of Management of Tata Iron and Steel Co. Ltd. V/s. Chief Inspecting Officer and Ors. (supra), it was held that the hospital was an establishment under the Act, and that this judgment is of no help to the petitioner.