The determination of whether an establishment is considered an industry under the Industrial Disputes Act should be made through a reference under the Act, and the pending controversy before the Supreme Court regarding the status of All India Radio as an industry was deemed irrelevant to the specific dispute in the case.

Headnote:
Industrial Disputes Act - All India Radio - The court set aside the order of the Central Government and directed the respondents to make a reference under the Industrial Disputes Act to determine whether All India Radio is an industry or not.
Fact of the Case:

The petitioner was informed that the Central Government had decided not to take any action until the matter regarding the status of All India Radio as an industry is decided by the Supreme Court.
Finding of the Court:

The court found that the Central Government's refusal to take action based on the pending controversy before the Supreme Court was not relevant to the dispute involved in the case. The court set aside the order and directed the respondents to make a reference under the Industrial Disputes Act to determine the status of the establishment where the petitioner was working.
Issues: Controversy arising from the decision of the Madhya Pradesh High Court regarding the status of All India Radio as an industry.
Ratio Decidendi: The Central Government's refusal to take action based on a pending controversy before the Supreme Court was deemed irrelevant to the specific dispute in the case. The court emphasized that the determination of whether the establishment in which the petitioner was working is an industry or not should be made through a reference under the Industrial Disputes Act.
Final Decision: The court set aside the order dated 27th February, 1989 and directed the respondents to make a reference under the Industrial Disputes Act to determine whether the establishment in which the petitioner was working is an industry or not. The writ petition was allowed.

JUDGMENT

1. - This writ petition is directed against the order Annex. 2 dated 27th February, 1989 whereby the petitioner was informed that against the decision of the Madhya Pradesh High Court an S.L.P. No. 3126/86 had been filed and, there-fore, Central Government had decided not to take any action until the matter is decided by the Supreme Court. The controversy arising out of the decision of the Madhya Pradesh High Court which is now pending before the Supreme court is as to whether All India Radio is an industry or not. I find that the ground on which the Central Government has refused to take any action on the conciliation report is not at all germane to the dispute involved in this case. Merely because in some other matter controversy is pending before the Supreme Court as to whether the All India Radio is an industry or not, the reference in the case of the petitioner could not have been refused. Therefore, the order dated 27th February, 1989 is set aside and the respondents are directed to make a reference under the Industrial Disputes Act and it will be for the appropriate Forum under the Industrial Disputes Act where the parties can agitate the question as to whether the establishment in which the petitioner was working is an industry or not. It will be open for both the parties to lead proper evidence before the Forum under the Industrial Disputes Act on the question as to whether the establishment in which the petitioner was working is an industry or not and this question will be decided there after hearing both the parties. The writ petition is allowed as indicated above. No order as to costs.Petition allowed.

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1991 Supreme(Raj) 478

RAJASTHAN HIGH COURT AT JAIPUR BENCHM.R.Calla, J.Mohan Lal Kumhar - AppellantVersusUnion of India - RespondentS.B. Civil Writ Petition No. 1528 of 1989.Decided On : 18-01-1991

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RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.R.Calla, J.
Mohan Lal Kumhar - Appellant
Versus
Union of India - Respondent
S.B. Civil Writ Petition No. 1528 of 1989.
Decided On : 18-01-1991