- (1.) RAKESH Tiwari, J. Heard learned Counsel for the petitioner, the learned Counsel for the respondents and perused the record.
(2.) THE present writ petition has been filed by the State of U. P. through Execu tive Engineer, Aligarh Division, Ganga Nahar, Sinchaai Vibhag Colony, Aligarh against the award dated 20. 8. 2007 which was published on 4. 12. 2007 on the notice board on 28. 11. 2007 passed by the Labour Court, U. P. Agra. Respondent No. 2, Sri Raj Kumar filed Claim Petition No. 165 of 2000, Raj Kumar v. Executive Engineer, Aligarh Division, Ganga Nahar, Sinchaai Vibhag Colony, Aligarh. THE jurisdiction of Labour Court so far deciding the matter is concerned has been mentioned in the Industrial Disputes Act, 1947. In the objection filed before the Labour Court, apart from the other submis sions made on behalf of the department, it was clearly stated that the department is a part of the State Government and the payment is made from the State exche quer and is sovereign function of the State and as such the Labour Court has got no jurisdiction in the matter. On the aforesaid basis the Counsel for the petitioner submits that the award passed by the Labour Court under the provisions of Industrial Disputes Act, 1947 therefore being without jurisdiction deserves to be dismissed.
(3.) THE words 'industry' and 'industrial disputes' have been defined under Sec tion 2 (k) and section 2 (j), of the Industrial Disputes Act, 1947 as follows : " (k) "industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handi craft or industrial occupation or avocation of workmen. " Definition of industrial dispute contained in Section 2 (j) is as under: "industrial Dispute" means any dispute or difference employers and em ployers or between employers and workmen, or between workmen and work men, which is connected with the employment or non- employment or the term of employment or with the conditions of labour, of any person; but does not include an industrial dispute concerning- (i) any industry carried on by or under the authority of the Central Government or by a Railway Company, or (ii) such controlled industry as may be specified in this behalf by Central Government, or (iii) banking and insurance companies as defined in the Industrial Dis putes Act, 1947, or (iv) a mine or an of field;";