B.L.Yadav, J. - (1.) Petitioner Kshetriya Shri Gandhi Ashram, Maghar, a charitable institution registered under the Societies Registration Act 29 of 1860 has filed this writ petition under Article 226 of the Constitution with the prayer to quash impugned award dated 28.1.1986 passed by the Labour Court. Under the impugned award Respondent No. 3 who was salesman of petitioner has been directed to be reinstated with all service emoluments.
(2.) The object of Kshetriya Shri Gandhi Ashram, Maghar (for short Gandhi Ashram) is to serve public on the preachings of Mahatma Gandhi which includes production of Handloom cloths and production through Small Scale Industries of materials of domestic use helpful in agriculture, social service and Sarvodaya Movement. The service conditions of employees of Gandhi Ashram are governed under the Ashram Service Rules, 1972 (for short the Rules). The Respondent No. 3 was salesman in Gandhi Ashram. He was suspended on 10.6.74 and charge sheet was served on 14.7.74. Then domestic enquiry was held and thereafter another chargesheet was issued containing 17 charges and again enquiry was held. Ultimately by order dated 2.2.80 Respondent No. 3, was removed from service. He filed civil suit No. 31 of 1975 which was dismissed by the order dated 31.10.78 on the ground that as the employment of the plaintiff, (Respondent No. 3 in the petition) with the defendant, (petitioner in the present petition), was in fact a service contract and to enforce the same injunction cannot be granted. Thereafter reference was made under Section 4-K of U.P. Industrial Disputes Act (for short the Act) and the impugned award has been passed by the Labour Court against which present petition has been filed. Mr. H.S.N. Tripathi, learned counsel for the petitioner urged that impugned award is liable to be set aside as the Ashram was not an industry within the meaning of Section 2-K of the Act and the order passed in the civil suit would operate as res judicata. He further urged that no finding has been recorded by the Labour Court about the illegalities or irregularities in the orders of suspension and removal, therefore, award is bad in law. Reliance was placed on Bangalore Water Supply and Sewerage Board v. A Rajappa and Ors. AIR 1978 SC 969.
(3.) Mr. Virendra Singh, learned counsel for the Respondents on the other hand urged that impugned award deserves to be confirmed as Gandhi Ashram was an industry within the meaning of Section 2-K of the Act and the order passed in the civil suit would not operate as res judicata because the same is not an order passed on merits rather just injunction was refused on the ground that contractual obligations pertaining to the service cannot be enforced in a suit for injunction. He further urged that while discussing issues No. 5 and 6 findings have been recorded in the award that enquiries held in respect of suspension and retrenchment were not fair and proper and as such no ground for interference under Article 226 of the Constitution has been made out.;