1958 Supreme(Bom) 171
H.K.CHAINANI, J.M.SHELAT
National Union of Commercial Employees and Anr. – Appellant
Versus
M. R. Meher – Respondent
Judgement Key Points
What is the definition of "industry" under the Industrial Disputes Act as applied to the profession of a solicitor?
What constitutes "co-operation of capital and labour" in determining an "industrial dispute" in the context of a professional service?
Does the profession of a solicitor fall within the meaning of "industry" and thus fall under I.D. Act for purposes of a reference to an Industrial Tribunal?
Key Points:
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What is the definition of "industry" under the Industrial Disputes Act as applied to the profession of a solicitor?
What constitutes "co-operation of capital and labour" in determining an "industrial dispute" in the context of a professional service?
Does the profession of a solicitor fall within the meaning of "industry" and thus fall under I.D. Act for purposes of a reference to an Industrial Tribunal?
JUDGMENT - (1) Respondents Nos. 2, 3 and 4 were partners in a firm of solicitors, Messrs. Pereira Fazalbhoy and Co. Originally there were three partners, Messrs. Pereira, Amin and Fazalbhoy. A partnership deed between them was executed on the 14th January 1929. This partnership came to an end in November 1925 when Mr. Amin retired from the partnership. A newe deed of partnership was then executed between Messrs. Pereira and Fazalbhoy, respondent Nos. 2 and 3. They carried on the practice of solicitors in the name of messrs. Pereira Fazalbhoy and Co. This partnership was dissolved on the 31st March 1946. From 1st April 1946 there were three partners, Messrs, Pereira, Fazalbhoy and desai, respondents Nos. 2, 3 and 4. They carried on their practice as solicitors in the name of Messrs, Pereira, Fazalbhoy and Co. until 15th November 1957, when the firm was dissloved. The second petitioner was employed as an assistant accountant in this firm. The first petitioner is a Trade Union and some of its members were the employees in the firm of Messrs. Pereira Fazalbhoy and Co., to which we will hereafter refer as the firm. In August 1957 the first petitioner wrote to the firm and submitted cert
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