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