1. Challenge to a Tribunal's finding that the Telecom Department is not an industry, rendering a reference incompetent. (Para 1 )
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2000 Supreme(SC) 1123
2000(8) Supreme 171
SUPREME COURT OF INDIA
S. Rajendra Babu & Shivaraj V. Patil, JJ.
Asha Ram -Appellant
versus
Div. Engineer Telecom Deptt. & Ors. -Respondents
Civil Appeal No. 1248 of 1999
Decided on 20-7-2000
Important Points
IMPORTANT POINT
Telecom Department is an industry.
Telecom Department is an industry.
Subject
Industrial Law - INDUSTRY STATUS
Act Referred
Headnote
Industrial Disputes Act, 1947-Section 2(J)-Industry-Telecom Department is an industry-Award made by Industry Tribunal holding otherwise was liable to be set aside and matter remanded for fresh consideration. (Para 2)
Legal Category Hierarchy
Table of Contents
2. Contention that the Tribunal's award should not be upset based on earlier decisions of the Court. (Para 3 )
3. The status of the Telecom Department as an industry is a live issue in pending matters requiring judicial consideration. (Para 3 )
4. The Telecom Department constitutes an industry. (Para 2 )
5. Appeal allowed; Tribunal's award set aside and matter remanded for fresh consideration. (Para 2 , 3 )
6. Is the Telecom Department considered an industry?
Yes, the Court held that the Telecom Department is an industry. (Para 2 )
7. What is the legal consequence if a department is found not to be an industry in a reference to a Tribunal?
If the department is found not to be an industry, the reference is held to be incompetent and remains unanswered. (Para 1 )
ORDER
In a reference made to the Tribunal a finding was recorded that the Telecom Department is not an industry and on that basis, reference was held to be incompetent and remained unanswered. That award has been challenged in this appeal.
2. This Court in General Manager, Telecom v. A. Srinivas Rao & Ors.1 held that the said department is an industry. In that view of the matter the award made by the Industrial Tribunal-cum-Labour Court is set aside and the matter is remanded to the Industrial Tribunal-cum-Labour Court for fresh consideration in accordance with law after due notices to all the parties.
3. Shri Rajiv Nanda, learned Counsel contends that in view of the earlier decisions of this Court, we should not upset the award made by the Tribunal. But we must make it clear that the question as to whether the respondent is an industry or not, being a live issue in pending matters, which point needed to be considered by the courts or the Tribunal at one stage or the other. The fact being so, we do not think we can accede to the contention advanced on benefit of the respondent. In the circumstances, the appeal is allowed as aforesaid.
Appeal allowed.
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