B.N.Banerjee, J. - (1.) Do educaional institutions, like colleges affiliated to the Calcutta University, carry on any industry and are the members of the non-teaching staff employed by such colleges 'work men', within the meaning of the lndustrial Disputes Act? These are the questions which call for decision in these Rules.
(2.) The petitioners in the five Rules, which arc being heard together by consent of parties, are the following colleges or their authorities, namely, (1) City College in Matter No. 377 of 1961; (2) Bangabasi College in Matter No. 381 of 1961; (3) Ashutosh College in Matter No, 19 of 1962; (4) Vidyasagar College in Matter No. 22 of 1962 and (5) Surendra Nath College in Matter No. 70 of 1962. The petitioners have moved against an interim award of the Fourth Industrial Tribunal, West Bengal, by which the Tribunal overruled preliminary objection as to the jurisdiction of the Tribunal to entertain the reference, that objection was that educational institutions do not carry on an industry and that disputes between such educational institutions and their workmen do not constitute industrial disputes within the meaning of the Industrial Disputes Act.
(3.) The circumstances under which the industrial disputes, referred to the Tribunal, arose in the different colleges are hereinafter stated in brief.;