- (1.) THIS writ appeal has been preferred against the order passed in W. P. No. 15660 of 1994 filed under Section 227 of the Constitution of India for the relief of issuance of writ of certiorari directing the respondents to produce the records pertaining to the award in I. D. No. 739 of 1989 dated 15. 10. 1993 as published in Tamil Nadu Government Gazette dated 12. 1. 1994 in Part II Sec. 2 at pages 81 to 88 and to quash the same.
(2.) THE appellant is the petitioner in the said writ petition. According to him, he was employed under the 3rd respondent viz. All India Sai Samaj (regtd), Mylapore, Chennai-4, as typist-cum-clerk since May 1984 on a consolidated salary of Rs. 500/- per month and thereafter the said salary was increased to Rs. 700/- per month. Subsequently, the salary was reduced to Rs. 500/- per month, which was objected to by the petitioner. The petitioner was terminated on 1. 6. 1989. 2. 2 The petitioner filed an Industrial Dispute case in I. D. No. 739 of 1989 on 4. 8. 1989. The Labour Court, Madras, passed the award on 15. 10. 1993 holding that the All India Sai Samaj is not an industry and therefore the Industrial Dispute raised by the petitioenr is not maintainable and accordingly, dismissed the said case I. D. No. 739 of 1989, against which, the above said writ petition was filed before this Court. A learned single Judge of this Court after hearing both sides has dismissed the writ petition on the ground that Samaj is not an industry. Aggrieved by the findings of the learned Single Judge of this Court in the above said writ petition, the present writ appeal has been preferred by the writ petitioner.
(3.) NOW the point for determination in this writ appeal is whether the 3rd respondent, the employer of the appellant/petitioner is an Industry to come within the ambit of the provision under the Industrial Dispute Act?;