Back
1985 Supreme(SC) 274
SUPREME COURT OF INDIA
V. BALAKRISHNA ERADI AND V. KHALID, JJ.
Gopal, Appellant
Versus
Administrative Officer, Madhya Pradesh Khadi and Village Industries Board and others, Resopondents.
Civil Appeal No.617 (NL) of 1975
Decided on 19-8-1985.
ASHOK MAHAJAN, G.B.PAI, M.K.RAMAMURTHY, N.D.V.RAJU, S.K.Gambhir, S.KIRPALANI, VINIT KUMAR
Headnote:(1) Remand-order binding on parties-question decided in remand order-cannot be agitated again.
In an earlier remand order, the High Court held that if the Industry of Khadi Board employed 100 or more employees in the relevant years, then only the Board could come within the scope of the M P. Industrial Relation Act. After the remand when the matter went to the High Court, after giving a finding that the number of employees was more than 100, it held that the Khadi Board was not an Industry as defined in section 2 (19) of the M. P. Industrial Relations Act, 1960.
Held: After holding that the number of employees was more than one hundred, the High Court spent considerable part of the Judgment for considering the kindred question whether the Board was an Industry or not. The consideration of this question was unnecessary, as it was concluded by the remand order, the only question left after by the remand order was the number of employees engaged. This has been decided by the High Court, and nothing remained to be decided. [Para 15]
(2) Industrial Relations Act, 1960 (M.P.)-S. 2 (19)-Industry-Khadi Board supplying raw material to Co-operative Societies of weavers-getting back prepared blankets and selling the blankets in the market-is an Industry within the definition.
What the Board does is to supply raw wool to Co-operative Societies, so that the Societies can engage themselves in useful work. The Societies after weaving raw wool, convert them into spun blankets and supply them to the Board. The blankets so spun are not the properties of the Societies. They have to be given back to the Board. The blankets so supplied from various centres to the Board, have necessarily to be sold in the open market. This act of sale would clearly come within the definition of the word •trade or business' as contemplated in section 2(19) of the Act. [Para 16]
JUDGMENT
KHALID, J. :— This is an appeal by certificate, issued by the High Court of Madhya Pradesh under Art, 133 (1) of the Constitution of India against the judgment of a Division Bench of that Court setting aside the Order passed by the Labour Court, Ujjain, confirmed in revision by the Industrial Court, Madhya Pradesh, allowing an application filed by the appellant under S. 31 of the Madhya Pradesh Industrial Relations Act 1960 (hereinafter referred to as the Act) in which he had challenged his termination which challenge was accepted and his reinstatement was ordered The facts in brief necessary for disposal of this appeal are as follows :
2. The appellant was Appointed as Store Keeper-cum Accountant on 14-2-1957, in the Madhya Pradesh Khadi and Village Industries Board Budhwara, Bhopal. This Board is a body corporate constituted under the M.P. Khadi and Village Industries Act 1959 and is engaged among others, in activities of encouraging production of Khadi and helping other village industries. It has different branches in the State of Madhya Pradesh. One such centre was established at Berdi in Chindwara district. The Board supplied raw wool to the Co-operative Societies and after getting them woven by the societies into blankets, received back blankets as finished goods. The services of the appellant were terminated as per Order dated 23-9-1964, after giving one months notice. He challenged this Order of termination as one amounting to retrenchment and having been passed without complying with the provisions of the Act that govern his relationship with the Board He stated that a charge-sheet was given to him on 27-4-1964 based on false and baseless grounds and that there was no enquiry held into the said charges before his removal The appellant thereupon moved the Labour Court at Ujjain on 7-6-1975, for his reinstatement with full wages.
3. The Board contested the application contending inter alia that the Board was not an industry and that neither the M. P. Industrial Relations Act 1960 nor the Industrial Disputes Act, 1947 applied to it The Labour Court, Ujjain framed necessary issues on the rival contentions and after recording evidence held that the termination of the appellant amounted to retrenchment, set aside the Order of termination and directed the Board to reinstate him with half salary from the date of the Order till reinstatement.
4. Aggrieved by this Order the Board preferred a revision before the Industrial Court in Madhya Pradesh Indore, repeating the contentions raised before the Labour Court. The Industrial Court by its order dated 3-2-1967, affirmed the order of the Labour Court and dismissed the revision petition.
5. The Board pursued the matter further by moving the Madhya Pradesh High Court by a petition under Arts. 226 and 227 of the Constitution of India. The High Court by its order dated 19-12-1969, allowed the Writ Petition, quashed the order of the Industrial Court and remitted the case to it to decide the facts afresh with due regard to the relevant provisions of the M.P. Industrial Relations Act, 1960. After remand, the Industrial Court proceeded to decide the question itself after taking fresh evidence and again held in favour of the appellant and against the Board, reaffirming its previous decision to reinstate the appellant. The matter was taken to the High Court against by the Board by means of a Writ Petition. The High Court set aside the orders of the Industrial Court and the Labour Court, on the ground that they acted without jurisdiction. However, since the High Court felt that the matter was not free from doubt and was debatable, granted certificate to the appellant to appeal to this Court It is thus that the matter is before us.
6. In the State of Madhya Pradesh there is a separate Act to regulate the relations of employees in certain matters and to make provisions for settlement of industrial disputes and other connected matters. This Act is called the Madhya Pradesh Industrial Relat
