Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947 Education Intuition as Industry Industrial Disputes Act Industrial dispute |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Dispute -Bus drivers in employ of university- Whether "workers"-Education institution, if an 'industry' -Industrial Disputes Act, 1947 (14 of 1947), ss. 2 (g), 2 (j) 2 (s), 33c (2). Appellant No. 1, the University of Delhi and Appellant No. 2 Miranda House, a college affiliated to the University, are institutions for education, the predominent activities of these being the imparting of education. At the material time respondent No. 1 was employed as bus driver under appellant No. 2. Both the respondents were discharged from service by giving separate notices and on payment of one month's salary each in lieu of notice. The respondents by separate petitions applied before the Industrial Tribunal for the award of retrenchment benefits. The appellants resisted the petitions on the preliminary ground that they did not constitute an "industry" under s. 2 (j) of the Industrial Disputes Act, 1947, and that they were not "employees" under s. 2 (g} of the said Act and therefore the application made by the respondents under s. 33 (c) (2) of the Act were incompetent. The Tribunal rejected this contention and after considering the merits passed an order in favour of the respondents directing the appellants to pay Rs. 1050/- to each one of respondents as retrenchment compensation. The appellants appealed to this Court with special leave. They contended in the appeal that the Tribunal was in error in giving the definition of the word "industry" under 1. 2 (j) its widest denotation by adopting a mechanical and literal rule of construction and it was urged that the policy of the Act clearly is to leave educational institutions out of the purview of the Act. The respondents' contention was that s. 2 ( j) had defined the word "industry" in words of widest amplitude and there is no justification for putting any artificial restraint on the meaning of the said word as defined. |
Judge | Honble Mr. Justice P.B. Gajendragadkar |
Neutral Citation | 1963 INSC 80 |
Petitioner | University Of Delhi & Anr. |
Respondent | Ram Nath |
SCR | [1964] 2 S.C.R. 703 |
Judgement Date | 1963-04-01 |
Case Number | 650,651 |
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