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GAURANG KANTH
Bhartiya Chikitsa Kendriya Parishad – Appellant
Versus
P. O. Industrial Tribunal No-III – Respondent
JUDGMENT :
GAURANG KANTH, J.
1. The case at hand is a Writ Petition preferred under Article 226 of the Constitution of India. The Petitioner/Bhartiya Chikitsa Kendriya Parishad/Central Council of Indian Medicine (hereinafter referred to as the “Council”) in the present case is aggrieved by the Award dated 02.03.2001 passed by the Industrial Tribunal No. III in I.D. No. 109/87 titled as In the matter of Industrial Dispute: between the Management of M/s Bhartiya Chikitsa Kendriya Parishad and Its Workman Sh. Satpal (hereinafter referred to as “impugned award”).
2. In the impugned award, the learned Labour Court has held that the services of Respondent No. 2/workman were terminated illegally and unjustifiably and therefore he was entitled to be reinstated with full back wages with effect from the date of termination and continuity of services as there was no evidence on the part of the Management of the gainful employment of the Workman. Being aggrieved by the said decision, the Petitioner has prayed for issuance of a writ in the nature of Certiorari or any other appropriate writ thereby setting aside the impugned award.
THE FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT WRIT PETITION
The main legal point established in the judgment is the application of the 'triple test' and 'dominant nature test' to determine an establishment's status as an 'industry' under the Industrial Disput....
An employer performing non-sovereign functions must comply with the Industrial Disputes Act, including provisions for retrenchment, regardless of the employment's casual nature.
The main legal point established in the judgment is that the management's activities met the criteria of an 'industry' under the I.D. Act, and the workman's termination was held to be illegal under S....
Section 25-F of the Industrial Disputes Act, 1947 requires the employer to follow the procedure thereunder when a workman is employed in an industry and who has been in continuous service for not les....
The definition of 'Industry' includes entities engaging in systematic activities with employer-employee relations, irrespective of the profit motive, as determined under the Industrial Disputes Act.
The definition of 'industry' under Section 2(j) of the Industrial Disputes Act, 1947 excludes organizations engaged in sovereign functions or those not producing goods or services for market consumpt....
The court held that the termination of the workman violated Section 25-F of the Industrial Disputes Act, 1947, and awarded a lump-sum compensation of Rs. 2.00 lakhs instead of reinstatement due to th....
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