P.B.GAJENDRAGADKAR, A.K.SARKAR, K.N.WANCHOO
National Union Of Commercial Employees, Bombay Incorporated Law Society, Intervener. – Appellant
Versus
M. B. Meher, Industrial Tribunal, Bombay – Respondent
Question 1? Question 2? Question 3?
Key Points: - The definition and scope of "industry" under Section 2(j) of the Industrial Disputes Act, 1947, as applied to liberal professions and solicitors' firms. (!) (!) (!) (!) - Whether a solicitors' firm constitutes an "industry" for the purposes of industrial disputes, considering the required co-operation between employer and employees and the direct nexus to professional service. (!) (!) - The judicial line to exclude certain callings or undertakings from the purview of "industry" despite the wide wording of Section 2(j), based on the Hospital Mazdoor Sabha and related reasoning. (!) (!) (!) (!)
Judgment
GAJENDRAGADKAR, J. : This appeal arises out of a dispute between the appellants the National Union of Commercial Employees & Anr., and the respondents Pereira, Fazalbhoy and Desai who constitute an Attorneys firm by name M/s. Pereira Fazalbhoy & Co, it appears that in August, 1957 the appellant wrote to the respondent firm setting forth certain demands on behalf of its employees. These demands related to bonus for the years 1955-56 and 1956-57 and to certain other matters. As the parties could not agree, the dispute was taken before the Conciliation Officer. The Conciliation Officer also failed to bring about a settlement and so he submitted his failure report to the Government of Bombay. Thereafter, the State Government referred the dispute in regard to the bonus for the two years 1956 and 1957 for adjudication before an Industrial Tribunal under S. 12 (5) of the Industrial Disputes Act (No. 14 of 1947) (hereinafter called the Act). Before the Tribunal, the respondents raised a preliminary objection. They urged that the profession followed by them was not an industry within the meaning of the Act, and so the dispute raised against them by the appellants was not an industr
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