Sunil Ambwani, J. - (1.) The question whether Irrigation Department is an 'industry' has been considered and decided by this Court in State of U.P. v. Presiding Officer, Industrial Tribunal (V), Meerut and another, 1999 (83) FLR 497. State of U.P. v. Labour Court, Dehradun and another, 2000 (86) FLR 639. As well as State of U.P. v. Industrial Tribunal IV, Agra and another, 2002 (93) FLR 209. by learned single Judges, holding that the department is an 'industry' and the disputes raised by its employees can be referred to Labour Court.
(2.) It has been contended on behalf of State that the aforesaid decisions require reconsideration in view of the recent pronouncement of the Supreme Court in State of Gujarat and others v. Pratamsingh Narsinh Parmar, 2001 (89) FLR 323 (SC). And that the view taken by learned single Judge in State of U.P. v. Presiding Officer, Industrial Tribunal (V), Meerut and another (supra) to the effect that the latter judgment of Supreme Court in Executive Engineer State of Karnataka v. K. Somasetty and others, 1997 (76) FLR 851 (SC). Can be ignored in view of the earlier decision of Supreme Court of the quorum in Des Raj and others v. State of Punjab and others, 1988 (57) FLR 176 (SC). Also requires reconsideration in view of the Constitution Bench decision of Supreme Court in Chandra Prakash and others v. State of U.P. and others, 2002 (93) FLR 608 (SC). Explaining the doctrine of binding precedent.
(3.) The facts giving rise to this case are that petitioner was engaged as a muster roll employee as Beldar in Irrigation Department at Fatehpur, His services were dispensed with on 16.4.1988. An industrial dispute was referred by the State Government under section 4-K of U.P. Industrial Disputes Act, 1947 to Labour Court, U.P. at Allahabad which has been decided in favour of the workman by award dated 13.6.2001 with finding that since the petitioner had completed more than 240 days in the year 1987, his termination will amount to retrenchment and since the retrenchment was violative of the provisions of sections 6-N and 6-P of the Act, he will be entitled to regular service with effect from 16.4.1988. He, however, has been made entitled to the back-wages only from 12.6.1997, that is, the date of reference to the Labour Court.;