Point of Law : Cost of maintaining the association is met partly by members and partly by grants from government and other sources. It will thus be dear that in effect the association has been established to carry on research with respect to textile industry jointly for the benefit of its members.

JUDGEMENT :

Heard Mr. A Narzery, learned counsel for the petitioner and Mr. S Dutta, learned Senior counsel representing respondent No. 1.

2. This is an application under Section 226 of the Constitution of India assailing the award dated 12.11.2013 passed in Reference Case No. 02/2011 by the learned Presiding Officer, Industrial Tribunal, Dibrugarh. The said reference was initiated on the basis of a notification issued by the Government of Assam being Notification No. GLR.70/2011/25 dated 28.05.2011 referring the dispute arose between the Management of Tea Research Association, Tocklai Experimental Station, Jorhat (in short Station) and their workmen, Tocklai Employees Union. The reference so made by the said notification was as under:

“1. Whether the Management of Tocklai Experimental Station, Jorhat are justified in not:-

(a) Implementing the recommendations of 6th pay Commission’s fully including Special Duty allowance, children education allowance even after a lapse of more than a year.

(b) Introducing suitable pension scheme in the line of CCS (GOI).

(c) Implementing 380 scales thereby not giving relief to the persons discriminated.

(d) Clearing the arrear dues.

(e) Maintaining uniform P.F. deduction for all employees and proportionate contribution from the management.

(f) If not, what relief the workers are entitled to.”

3. On receipt of the above reference, the Reference Case No. 02/2011 was registered and the contesting parties were asked to file their written statements along with their relevant documents.

4. The Employees Union, respondent No. 2 herein filed their written statement making their claims reference wise.

5. The Management filed one written statement and one additional written statement. The management raised the point of jurisdiction of the learned Tribunal below, claiming that the Station is not an industry within the meaning Section 2(j) of the Industrial Dispute Act, 1947 (in short Act, 1947). Contentions raised by the Management in the written statement are basically to the following:

“That the said tea research association is exclusively carrying on experimental and research of tea and other allied other agricultural products in a systematic manner with the help of its employees as it lacks that the element which would make it an organization carrying on an activity which can be said to be analogous to the carrying on of a trade or business because it is not producing and distributing services which are intended or meant for satisfying human wants and need, as ordinarily understood.

That the said research association is an institution engaged purely on research and experiment of mainly tea crops. The purpose of the research is to acquire knowledge about the development of tea and including manufacturing. The knowledge acquired is not intended for sale.

That the research work carried on by TRA is not connected with production, supply or distribution of material goods or services. The research works of TRA have never been sold though published. There is no material which shows that the knowledge so acquired by TRA is marketable or has any commercial value though adopted by some of the tea planters for better production of tea. The object with which the research activity is undertaken by TRA is to obtain knowledge for the benefit of the department of the tea industries. Its object is not to render services to others as a trade or business for making profit. That the TRA is not engaged in activities which can be called as business, trade or manufacture. Neither from the nature of its organization nor from the nature and character of the activity carried on by it, it can be said to be an undertaking analogous to business or trade. It is not engaged in a commercial industrial activity and it cannot be described as an economic venture or a commercial enterprise as it is not object to produce and distribute services which would satisfy wants and need of the consumer community. It is more an institution discharging res