- (1.) Csir i. e. Council of Scientific and Industrial Research and SERC i. e. Stmutural Engineering Research Centre are in appeal before us against an order made by a Full Bench of the Central Administrative Tribunal, Principal bench, New Delhi in a proceeding wherein a question to the following effect was raised: "Whether Council of Scientific and Industrial Research (CSIR) or its constituent units would come within the definition of 'industry' and whether the persons employed by them in any capacity are workmen within the meaning of the Industrial Disputes Act, 1947. "
(2.) The Tribunal answered the said question by stating that the Council of scientific and Industrial Research is an industry within the meaning of section 2 (j) of the Industrial Disputes Act and so far as the constituent unit of the Council is concerned the Tribunal pointed out that the matter had to be decided on the facts arising in the case and in the absence of appropriate data and material it would not be proper to decide such a question.
(3.) A Full Bench of the Tribunal rendered its opinion on the question but when the matter stood referred to a Division Bench for decision, the latter took the view that it is unnecessary to rest its decision on the question decided by the Full Bench but on certain other aspects it gave certain directions giving relief in part to the employees of CSIR and its constituent unit. Therefore, the view rendered by the Full Bench of the Tribunal thus becomes ineffective so far as the parties are concerned. Further, it is brought to our notice that in a subsequent decision in A. Padmavalley v. C. P. W. D the Central Administrative Tribunal, Hyderabad Bench consisting of five members took the view as follows: "(1) The Administrative Tribunals constituted under the administrative Tribunals Act are not substitutes for the authorities constituted under the Industrial Disputes Act and hence the administrative Tribunal does not exercise concurrent jurisdiction with those authorities in regard to matters covered by that Act. Hence all matters over which the Labour Court or the Industrial Tribunal or other authorities had jurisdiction under the Industrial Disputes Act do not automatically become vested in the Administrative Tribunal for adjudication. The decision in the case of Sisodia, which lays down a contrary interpretation is, in our opinion, not correct. (2) An applicant seeking relief under the provisions of the Industrial disputes Act must ordinarily exhaust the remedies available under that act. ";