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2008 Supreme(Ori) 807

S.C.PARIJA
CENTRAL CATTLE BREEDING FARM – Appellant
Versus
PRESIDING OFFICER – Respondent


Advocates Appeared:
R.B. Mohapatra, S.D. Routray, S. Debata and S. Samantray, for the Respondent

JUDGMENT :

S.C. Parija, J. - The Central Cattle Breeding Farm, a part of the Department of Animal Husbandry of the Government of India in the Ministry of Agriculture has filed this writ application challenging the award dated 01.07.1998 passed by the Presiding Officer, Industrial Tribunal, Rourkela, in I.D. Case No. 6 of 1997(C), holding the Petitioner to be an 'industry' and accordingly adjudicating the dispute referred to it on merit.

2. The sole contention of Shri P.C. Biswal, learned Central Government counsel appearing for the Petitioner is that the objective of the Central Cattle Breeding Farm is for establishment of cattle breeding farms in different states and union territories of India for welfare and development of indigenous breed of Red Sindhi cattle by scientific research activities and not for profit. Such activities would come under the Sovereign functions of the State and therefore it is not an 'industry' within the meaning of Section 2(j) of the Industrial Disputes Act (I.D. Act for short). It is submitted that the aim and objectives of the Central Cattle Breeding Farm are as follows:

(i) Progressive genetic improvement of the hard for milk production by scientific se

































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