Surya Kant, J. - (1.) This order shall dispose of CWP Nos. 5393, 8599, 8600, 8601, 8605, 8606, 8609, 8615, 13113, 13115, 13125, 13126, 13131 and 13137 of 2010 which have been filed by the petitioner Corporation challenging the award of the Industrial Tribunal-cum-Labour Court, Chandigarh, granting monetary compensation in lieu of reinstatement to the workmen. The solitary issue raised on behalf of the petitioner - Corporation in all the cases is whether or not the petitioner Corporation is an 'Industry' within the meaning of Section 2 [j] of the Industrial Disputes Act, 1947 [in short 'the 1947 Act'], hence all the cases are being disposed of by a common order. For the brevity, the facts are being taken from CWP No. 5393 of 2010.
(2.) The first respondent [in short 'the workman'] was appointed as a Helper on work-charge basis on 14.10.1998 and he worked as such till 01.04.2003, though allegedly with intermittent breaks. The workman raised an industrial dispute alleging that his services were terminated w.e.f. 01.04.2003 in violation of Section 25-F of the 1947 Act, hence he was entitled for re-instatement with continuity of service. The workman further averred that he was a member of the EPF Scheme and was availing leave benefit also. He was allegedly employed to do the work of regular nature and while terminating his services, Section 25-G of the 1947 Act was not followed. He also alleged that after termination of his services, fresh appointments were made in violation of Section 25-H of the 1947 Act.
(3.) The petitioner Corporation contested the workman's claim mainly on the plea that it was engaged in construction of the houses for the police personnel without earning any profit and essentially performs welfare activities, hence is not an 'industry' within the meaning of Section 2[j] of the 1947 Act. It was also claimed that the workman was hired on work-charge basis keeping in view the work available but on completion of construction and/or when no construction work could commence due to non-allotment of funds by the Government, that his services automatically came to an end.;