PEREIRA FAZALBHOY AND CO Vs. THEIR WORKMEN

JUDGEMENT

(1.) This is a reference by the Government of Bombay under S. 12(5) of the Industrial Disputes Act, 1947, for adjudication of a dispute between (i) Pereira Fazalbhoy & Co., Bombay, (ii) Sri W. E. Pereira, (iii) Sri M. S. Desai and (iv) Sri M. H. A. Fazalbhoy (hereinafter referred to as the opponents), and the workmen employed under them over the following demand :

(2.) Pereira Fazalbhoy & Co. were a firm of solicitors which has been dissolved with effect from 15 November 1957. Sri W. E. Pereira, Sri M. S. Desai and Sri M. H. A. Fazalbhoy were the partners in the firm. When the opponents were asked to file a written statement in answer to the statement of claim filed on behalf of the workmen by the National Union of Commercial Employees, Bombay, they raised a preliminary objection that the profession carried on by them, viz., that of solicitors, is not an industry within the meaning of S. 2(j) of the Industrial Disputes Act, 1947, and so the present dispute is not an industrial dispute, that the reference made by the Government is therefore bad in law and does not confer any jurisdiction on this tribunal to adjudicate on the issue referred to. As this preliminary objection went to the root of the case it was heard as a preliminary issue.

(3.) The sub-section that has to be interpreted and applied in this case is S. 2(j) of the Industrial Disputes Act, which defines "industry" as follows :