- (1.) The appellant, Zila Parishad, Patiala, had filed a writ petition in this Court, challenging the award of the Labour Court, Patiala, dated 25th May, 1975 (Annexure P-5). Sukhdev Singh, respondent-workman, who was working as a driver with the Zila Parishad, raised an industrial dispute when his services were terminated vide order dated 14th February, 1973. The Labour Court held that the termination of the services of Sukhdev Singh was not justified and ordered that he would be reinstated. The learned Single Judge dismissed the writ petition. Aggrieved by the said judgment, the Zila Parishad has come up in appeal.
(2.) Before the learned Single Judge, as also before us, the only point which has been raised on behalf of Zila Parishad is that the Zila Parishad is not an 'industry' under the Industrial Disputes Act, 1947 (hereinafter called the Act), and, therefore, the provisions of the Act were not attracted. The learned counsel for the appellant submitted that through it has been held that even Municipal Committeed is an industry, yet according to the learned counsel, the power and functions of Zila Parishad are quite different from those of Municipal Committee, as Zila Parishad is neither a business, trade, undertaking, manufacture or calling of employers including any calling, service, and it is not engaged in any industrial occupation and its functions are in fact analogous to those of the Government. It has only supervisory powers over the Panchayat Samiti.
(3.) Chapter IV of the Punjab Panchayat Samiti and Zila Parishads Act, 1961 (in short Zila Parishads Act), starts with duties and powers of Panchayat Samitis. Section 41 (in Chapter IX) of Zila Parishads Act lays down as to what are the duties of Panchayat Samitis. Section 41 of the Zila Parishads Act reads as under :- "41. Duties of Panchayat Samitis - (1) Subject to such exceptions and conditions as the Government may, by general or special order, impose, it shall be the duty of Panchayat Samitis to provide for and make arrangement for carrying out the requirements of the area under its jurisdiction, in respect of the following matters, namely :- ....... ...... .... ....... ...... ...." Then the matters are enumerated under different heads, like Agriculture, for which the Panchayat Samitis has to do everything necessary to step up agricultural production. Then comes Animal Husbandry and Fisheries, under which it is required to upgrade livestock by introducing pedigree breeding bulls and castrating scrub bulls, introducing improvement of cattle, sheep etc. Then comes Health and Rural Sanitation, Communication, Social Education, Co-operation, etc.;