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2008 Supreme(Ori) 807
IN THE HIGH COURT OF ORISSA
S.C. Parija, J.
THE CENTRAL CATTLE BREEDING FARM - APPELLANT
Versus
THE PRESIDING OFFICER AND OTHERS - RESPONDENT
O.J.C. No. 3289 of 1999
Decided On : 27-08-2008
R.B. Mohapatra, S.D. Routray, S. Debata and S. Samantray, for the Respondent
The main legal point established is the interpretation of the definition of 'industry' under Section 2(j) of the Industrial Disputes Act and the application of the criteria for determining an establishment as an 'industry' as laid down in relevant case law.
Headnote:
Central Cattle Breeding Farm - Industrial Disputes Act - Section 2(j) - Summary of Acts and Sections: The court discussed the definition of 'industry' under Section 2(j) of the Industrial Disputes Act and referred to the criteria for determining an establishment as an 'industry' as laid down in the case of Bangalore Water Supply and Sewerage Board Vs. A. Rajappa and Others. The court also considered the dominant nature test and clarified the activities or functions of the State that can be considered as Sovereign functions based on the case of Agricultural Produce Market Committee Vs. Shri Ashok Harikuni and Another Etc.
Fact of the Case:
The Central Cattle Breeding Farm challenged an award holding it to be an 'industry' and adjudicating a dispute. The workmen were retrenched, and the dispute was referred to the Industrial Tribunal.
Finding of the Court:
The court found that the establishment is an 'industry' and dismissed the writ petition as devoid of merit.
Issues: The main issue was whether the Central Cattle Breeding Farm qualifies as an 'industry' under the Industrial Disputes Act.
Ratio Decidendi: The court applied the criteria for determining an establishment as an 'industry' and the dominant nature test to decide the nature of the activities of the Central Cattle Breeding Farm.
Final Decision: The writ petition was dismissed, and no costs were awarded.
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 selection & mating systeMs.
(ii) testing of bulls to make available proven sires & their use in the cattle development programmes.
(iii) Production & distribution of superior bulls for breeding at the Key Village Block, ICD Projects. A.I centres etc & other Cattle Development Projects in the country;
(iv) production & storage of semen through the technique of deep freezing & its distribution to various state governments, Union Territories and Ors. engaged in cattle development work for rapid milk production enhancement;
(v) to preserve superior germ-plasm of indigenous breeds of national importance so as to make it available for cattle breeding projects;
(vi) demonstration of scientific breeding & farm management practices to both technical personnel & extension workers and Ors. engaged in cattle development work;
(vii) production and supply of seeds, planting material of high yielding varieties of fodder crops in area around the farm; and
(viii) to provide a date base for important buffalo and exotic/indigenous cattle breeds to various State Governments/ - Institutions and reproduction, management systems, adoptability, etc.
3. Accordingly it is submitted that the Central Cattle Breeding Farm established one of its branches at Chiplima, in the district of Sambalpur in Orissa, for rearing high pedigree bulls and cows of Red Sindhi breed, which is essentially a Research Institute and is not a industry and as such the Industrial Tribunal had no jurisdiction to adjudicate the dispute.
4. The brief facts of the case is that the present opposite parties 2 and 3 along with another workman raised industrial dispute, which was taken up for conciliation and the same having ended in failure, the appropriate Government referred the dispute to the Industrial Tribunal, Rourkela, for adjudication. The terms of the dispute were as follows:
Whether the action of the management of Central Cattle Breeding Farm, Chiplima, PO: Basantpur, Dist: Sambalpur, Orissa in terminating the services of Shri Nanda Barik, Shri Nila Nag & Shri Mahendra Tandi w.e.f. 24.4.87, 1.11.88 & 1.11.88 respectively is justified? If not, to what relief the workmen are entitled to ?
5. The case of the workmen before the learned Tribunal was that Shri Nanda Barik was first recruited as motor vehicle cleaner vide order dated 30.03.1985 for a period of -two months. After expiry of two months, he was allowed to continue as such with intermittent breaks till August 1986. Thereafter he was engaged as a cattle attendant on 25.08.0986 and continued as such till he was retrenched from service on 24.04.1987. He was again engaged on 09.07.1988 and was retrenched from service 30.11.1988. Nila Nag was recruited as a unskilled worker in 1980 in the Agricultural section of the Petitioner establishment. He was retrenched and
