SC directs LC to decide on industrial status of Defence Ministry

New Delhi, June 9 (UNI) The Supreme Court has directed the Labour Court (LC) to decide whether the Ministry of Defence is an industry and the provisions of Industrial Disputes Act, 1947 are applicable to it or not.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta, while setting aside the judgements of the Punjab and Haryana High Court and the Central Government Industrial Tribunal-Cum-Labour Court, Chandigarh, has issued the directive against the plea of the Garrison Engineer (Utility), Bhatinda, that the Ministry of Defence is not an industry and hence the provisions of the Industrial Disputes Act are not applicable.

One Narinder Singh, who was a 'mazdoor' (labourer) on daily wages, after termination of his services on January 16,1987, raised an industrial dispute and sought regularisation of his services.

The Labour Court allowed the petition, besides the High Court also dismissed the appeal of the department.

The apex court, in its judgement, said, ''We set aside the orders of the Labour Court and the High Court and remit the matter to the Labour Court to decide objections raised by the appellant about the maintainabilty of be the proceedings under the act, founded on the claim that it is not an industry. The other factual aspects shall also be considered on evidence being led by the parties.'' UNI