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1963 Supreme(SC) 81

P.B.GAJENDRAGADKAR, K.N.WANCHOO, K.C.DAS GUPTA
Harinagar Cane Farm Messrs. Motipur Zamindary Company – Appellant
Versus
State Of Bihar – Respondent


Advocates:
D.GOVERDHAN CHARY, D.P.Singh, GANPAT RAI, LALIT GUPTA, M.C.SETALVAD, M.K.RAMAMURTHY, NAUNIT LAL, P.K.CHATTERJI, R.K.GARG, S.C.AGRAWAL, S.P.Varma

Judgment

GAJENDRAGADKAR, J.: The short question which arise in these appeals is whether the agricultural operations carried on by the two appellants respectively constitute an industry within the meaning of S. 2(j) of the Industrial Disputes Act. 1947 (No. 14 of 1947) (hereinafter called the Act ). An industrials dispute raised by the workmen of the two respective appellants had been referred for adjudication by respondent No. 1 the State of Bihar, to an Industrial Tribunal under S. 10(1) of the Act. Both the appellants then moved the Patna High Court for an appropriate writ under Art 226 of the Constitution on the ground that the agricultural operations carried on by them did not constitute an industry under the Act and so, respondent No. 1 had no jurisdiction to make the impugned orders of reference under S. 10 of the Act. The High Court has repelled this contention and has held that the agricultural operations carried on by the appellants respectively constitute an industry, and so, the two impugned orders of reference are perfectly valid under S. 10. It is against these orders passed by the Patna High Court in the two petitions filed by the respective appellants that they have















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