RADHEY SHYAM SHARMA Vs. M. ASHAN THE ASSISTANT LABOUR COMMISSIONER AND ORS.

JUDGEMENT

(1.) This reference arises out of a writ petition filed by the owner of a petrol pump employing one Munim and two salesmen or pump attendants to sell petrol and diesel oil to customers on a retail basis. The petitioner challenges an award given by the Assistant Labour Commissioner on 31 -1 -1961 under the provisions of the U. P. Industrial Disputes Act in respect of a dispute between the petitioner and his employees over the termination of the services of one Jamuna Prasad, who had been working for the petitioner as a pump -attendant. One of the contentions raised by the petitioner was that the Industrial Disputes Act did not apply to his business, which was a mere retail shop and not an industry, as defined in the Act.

(2.) The following issue has been referred to us for decision:

(3.) The definition of 'industry' given in Sec. 2(k) of the Act is extremely wide and comprehensive. It runs: