- (1.)WRIT petition by the management of central power research institute is directed against the decision dated 18-
(2.)-2012 [copy at Annexure-A to the writ petition] rendered by the assistant labour commissioner (central) and conciliation officer, where under the assistant labour commissioner in exercise of his powers under Section 33(4) of the Industrial Disputes Act, 1947 [for short, the Act] read with Rule 61(1) of the Industrial Disputes (Central) Rules, 1957 [for short, the Rules] on an application made by the general secretary of the CPRI employees union, directing the management of CPRI to declare five workmen/office bearers of the union namely K Chennaiah, Y Solomon, P C Philip, K John and N K Ouseph, as protected workmen and grant protected workmen status to them. 2. This order was passed by the assistant labour commissioner on an application dated 26-4-2011. In terms of this application, the trade union had sought for the status of protected workmen to the above mentioned five workmen for the period from 1-5-2011 to 30-4-2012.
It is aggrieved by this decision, the present writ petition by the management.

(3.)APPEARING on behalf of the petitioner-management, the main contention urged by Sri M R C Ravi, leaned counsel, is that a basic dispute as to whether the petitioner-institute can be termed as an industry at all was pending decision on a question raised by the management before the central industrial tribunal, Bangalore in CR No 54 of 2007; that having regard to the nature of the activity carried on by the petitioner-institute viz., engaged in research and development activity in the power sector and it is not an activity for the purpose of any business for profit and therefore it can neither be called as a trading activity nor manufacturing activity and therefore the assistant labour commissioner, before whom the issue was raised, without waiting for the decision of the tribunal nor looking into this aspect, has proceeded to allow the application directing the management to declare the status of five office bearers/workmen as protected workers and therefore the order is bad in law etc.