Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | held: Law department is not an 'industry '-However Industrial Disputes Act 1947-s. 2(s)-Termination of employee of Law department of State Government-Industrial dispute raised- Resisted on the ground that the department is not an 'industry'- C Courts below giving relief to workman holding it to be 'industry'- On_ appeal since the employee had been reinstated it is left to the department to consider continuance of the employee. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 - s. 2(s) - Termination of employee of Law department of State Government - Industrial dispute raised - Resisted on the ground that the department is not an 'industry' - Courts below giving relief to workman holding it to be 'industry' - On appeal, held: Law department is not an 'industry' - However, since the employee had been reinstated, it is left to the department to consider continuance of the employee.Judgment - Precedential value of - Applicability - Held: Reliance on a judgment sans its factual background is impermissible - A judgment is a precedent on its own facts - Only the ratio has the binding effect and not every observation - Observations of courts should not be read as a statute - Precedent.Respondent was employed as a peon by Law Department of the appellant State as a temporary employee on contract basis. His services were terminated. He raised an industrial dispute alleging that the termination was in violation of Section 25-G of Industrial Disputes Act, 1947. The claim was resisted on the ground that Law Department of the State Government was not an 'industry'. Labour Court held that Law Department was an 'industry' in view of the judgments of the Supreme Court holding various departments, hotel, Public Works Departments, Irrigation Department as an 'industry'. The view was upheld by Single Judge as well as Division Bench of High Court. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1253 |
Petitioner | State Of Rajasthan |
Respondent | Ganeshi Lal |
SCR | [2007] 12 S.C.R. 1197 |
Judgement Date | 2007-12-10 |
Case Number | 3021 |
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