ORDER

Leave granted.

2. The respondent was appointed on daily wages in a project taken up by the appellant on July 25, 1986. The respondent was discharged from the work on its closure on January 15, 1989. Thereafter, he approached the Labour Court under Section 10 of the Industrial Disputes Act. On a reference, the Labour Court held that the respondent is entitled to continuity of service with back wages since it amounts to dismissal. The order was confirmed by the learned single Judge of the High Court subject to payment of 50% of the back wages. Writ Appeal No. 878/96 was dismissed by the Division Bench. Thus, this appeal by special leave.

3. It is now well settled legal position that the Irrigation Department and Tele-communication Department are not an Industry within the meaning of definition under the Industrial Disputes Act as held in Union of India v. Jai Narayan Singh1, and in State of H.P. v. Suresh Kumar Verma2. The function of public welfare of the State is a sovereign function. It is the constitutional mandate under the Directive Principles, that the Government should bring about welfare State by all executive and legislative actions. Under these circumstances, the St