JUDGMENT :

1. The petitioner has filed present writ petition assailing the order dated 09/12/2022 passed in reference case No. 14/IDA/ReF/2021. The petitioner has raised objection with regard to maintainability of reference contending that petitioner university is an Educational Institution, therefore, it does not fall within the ambit of Industry. The petitioner has also raised objection that the existence of University was cancelled in pursuance of the order passed by the State Government, as per enactment of new Act University has come in existence in the year 2018 and in view of new ordinance and statute framed as per the Act of 2018 services of Employees have been terminated which does not fall within the ambit of retrenchment. Thus the reference is not maintainable. These objection raised by the petitioner with regard to maintainability of the reference have been directed to be decided along with merit of the case, granting liberty to the petitioner to raise all these objection in the written statement.

2. The learned counsel for the petitioner reiterating the objection raised before the labour court and contending that learned labour court has committed illegality in not considering the objection raised by the petitioner and unnecessarily directed the petitioner to under long trial as such the impugned order is deserves to be quashed by this court.

3. The learned counsel for respondent No.2 would oppose the submission and would submit that Educational Institution is an Industry as defined in section 2(j) of Industrial Dispute Act, 1947. He would further submit that even the learned labour court has not rejected the objection but has ordered that the same shall be considered along with the written statement after framing of issue and considering the evidence to be brought on record by the parties as such there is no illegality on the part of labour court and would pray for dismissal of the writ petition.

4. I have heard learned counsel for the parties and perused the record annexed with the writ petition.

5. The issue whether Educational Institution is an “Industry” and its Employee are “Workmen” for the purpose of the I.D. Act, 1947 has been answered by a seven Judge Bench of Hon’ble Supreme Court way back in the year 1979 in Banglore Water Supply Vs. A. Rajappa reported in 1978(2) SCC 213. The Hon’ble Supreme Court has held at para-95 as under:-

We may deal with these contentions in a brief way, since the substantial grounds on which we reject the reasoning have already been set out elaborately. The premises relied on is that the bulk. of the employees in the university is the teaching community. Teachers are not workmen and cannot raise disputes under the Act. The subordinate staff being only a minor category of insignificant numbers, the institution must be excluded, going by the predominant character test. It is one thing to say that an institution is not an industry. It is altogether, another thinking to say that a large number of its employees are not workmen' and cannot therefore, avail of the benefits of the. Act so the institution ceases to be an industry. The test is not the predominant number of employees entitled to enjoy the benefits of the Act. The true test is the predominant nature of the activity. In the case of the university or an educational institution, the nature of the activity is, ex hypothesis education which is a service to the community. Ergo, the university is an industry. The error has crept in, if we may so say with great respect, in mixing up the numerical strength of the personnel with the nature of the activity.

6. The Hon’ble Supreme Court again in case of Rajkumar Vs. Director of Education reported in 2016 (6) SCC 541 has again held that University is Industry and held at para – 29 as under ;-

The issue whether educational institution is an ‘industry’, and its employees are ‘workmen’ for the purpose of the ID Act has been answered by a Seven-judge Bench of this Court way back in the year 1978