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1999 Supreme(SC) 992

Supreme Court Of India
STATE OF GUJARAT
Versus
PWD EMPLOYEES UNION
Decided on : September 9, 1999

Headnote:

Industrial Disputes Act, 1947, Section 2(j) - P.W.D. whether an industry - The question squarely covered by a decision of the Constitution Bench in the case of Bangalore Water Supply & Sewerage Board v. A. Rajappa, (1978) 2 SCC 213 - Though earlier a Bench of two Judges wanted that decision to be reconsidered but that reference was sent back by a larger - Therefore the decision in the case of Bangalore Water Supply , (1978) 2 SCC would hold the field. [Para 1]

( 1 ) HAVING heard learned Senior Counsel Shri Dholakia for the appellant state we do not think that this is a fit case for our interference. The sole question is whether PWD is an industry, and therefore, governed under the industrial Disputes Act, 1947. This question is squarely covered by a decision of the Constitution Bench in the case of Bangalore Water Supply and Sewerage board v. A. Rajappa1. It is true that earlier a Bench of two learned Judges wanted this decision to be reconsidered but that reference has been sent back by a larger Bench of this Court and the decision in the case of Bangalore water Supply therefore, holds the field. Consequently, this appeal does not survive any further for consideration of the aforesaid question. It is, therefore, dismissed.

( 2 ) NO costs.

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