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DELHI HIGH COURT
GAURANG KANTH
Archaecological Survey of India – Appellant
Versus
Presiding Officer, CGIT – Respondent
| Table of Content |
|---|
| 1. alleged termination of respondent no. 2's services. (Para 2 , 3 , 4) |
| 2. tribunal’s award directing reinstatement. (Para 5 , 6) |
| 3. petitioner’s argument against applicability of the i.d. act. (Para 7 , 8 , 9) |
| 4. respondent's arguments supporting applicability of the i.d. act. (Para 10 , 11 , 12 , 13) |
| 5. court's analysis of what constitutes an industry. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. determining continuous service and compliance with section 25-f. (Para 20 , 21 , 22 , 23 , 24) |
| 7. court's findings about illegal termination and relief. (Para 25 , 26) |
| 8. modification of tribunal's award for compensation instead of reinstatement. (Para 27 , 28) |
| 9. clarification on payment under section 17-b and dismissal of the petition. (Para 29 , 30) |
JUDGMENT
Gaurang Kanth, J. The present petition has been filed under Article 226 of the Constitution of India against the award dated 20.01.2004 ("the impugned award") passed by the Central Government Industrial Tribunal-cum-Labour Court II Delhi. Vide the impugned award, the learned Tribunal was pleased to hold that the petitioner Department falls under the definition of an `industry' under The Industrial Disputes Act, 1947 ("The I.D. Act
An employer performing non-sovereign functions must comply with the Industrial Disputes Act, including provisions for retrenchment, regardless of the employment's casual nature.
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 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....
The Irrigation Department is classified as an industry under the Uttar Pradesh Industrial Disputes Act, 1947, and termination without compliance with statutory provisions is unlawful.
The court upheld that an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
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