- (1.) RAKESH Tiwari, J. Heard learned counsel for the parties and perused the record.
(2.) BY means of this writ petition the petitioners have challenged the impugned award dated 11-8-1998 passed by the Labour Court, U. P. Gorakhpur. The Labour Court by the award held that the petitioner is an industry and directed the petitioner to reinstate respondent No. 2 with full salary/back wages and consequential benefits. Sri Lalit Kumar Singh (respondent No. 2) was engaged in the office of the petitioner as Office Clerk w. e. f. 24-1-1989 to 1-9-1990 purely on temporary basis on consolidated wages of Rs. 850/-p. m. in pursuance of an order of the Adviser & Director dated 24-1-1989. His services were terminated vide order dated 1-1-1990. On failure of conciliation proceedings the State Government referred the dispute regarding termination of the services of the respondent-workman to the Labour Court, U. P. , Gorakhpur where it was registered as Adjudication Case No. 349 of 1991. The main submission of the petitioners is that petitioner No. 1 is a society engaged in research on cane and it is not an "industry" within the meaning of Section 2 (K) of the U. P. Industrial Disputes Act as such the Reference and consequential Award is void ab-initio.
(3.) THE only issue for decision in this case is whether the petitioner-institute is an industry as defined under the U. P. Industrial Disputes Act. The counsel for the petitioners submits that under Section 2 (K) the word "industry" as used in the U. P. Industrial Disputes Act, 1947 has been defined as under: " "industry" means any business, trade, undertaking, manufacture or calling of employer and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. ";