- (1.) THIS judgment will dispose of Civil Writ Petition Nos. 759, 4050, 4528, 5239 of 1985, 2740, 2782, 4337 and 4338 of 1986, 4020, 4021, 6351, 8153, 8154, 9338 and 9575 of 1987, 5455, 5490, 5550, 6200, 10028 and 11816 of 1988, Nos. 75, 3?65, 8741 and 13253 of 1989, 16245 of 1990, 1683, 3734, 17945 and 17946 of 1991, 183, 1683, 1902, 3892, 5089, 5100, 5915,7207, 10150, 12364 and 12365 of 1992 as common questions of law and facts are involved in all these writ petitions. The principal questions raised by the petitioners in all the writ petitions can be itemised as under : (i) Whether Haryana Urban Development Authority is an Industry' as defined under the Industrial Disputes Act ? (ii) Whether there is any limitation prescribed for raising an industrial dispute ? (iii) Whether the Labour Court has jurisdiction to determine the legality of retrenchment while determining the question of validity of termination of service ?
(2.) THE brief exordium facts common to all the writ petitions are, that the petitioners were appointed as drivers, assistant pump operators, motor mates and clerks etc , either on work charge basis or on daily wages or for 89 days extending from time to time or on probation for specific period of two years Petitioners worked for more than or about three years or at least none worked for less than 240 days in the year prescribing termination of their services. The petitioners raised an industrial dispute. Appropriate Government referred the dispute to the Industrial Tribunal for adjudication. The question of reference for adjudication in all the writ petitions is parimateria viz. whether the termination of the services of the petitioner (s) was justified, just or correct, if not, what relief the petitioners are entitled to
(3.) ARGUMENTS were heard in all the write petitions on the questions raised above and the questions are being disposed of by this common judgment In order to determine 'whether Haryana Urban Development Authority' is an 'industry' it would be expedient to notice the definition of Industry which runs as under :section 2 (i) "industsy" means any systematic1 activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not (i) any capital has been invested for the purpose of carrying on such activity ; or (ii) such activity is carried on with a motive to make any' gain or profit, and includes (a) any activity of the Dock Labour Board established under Section 5-A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948) ; (b) any activity relating to the promotion of sales or business or both carried on by an establishment but does not includes (1) Any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation :for the purpose of this sub clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of Section 2 of the Plantation Labour Act, 1951 ; or (2) hospitals or dispensaries ; or (3) educational, scientific, research to training institutions; or (4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, special or philanthropic service ; or (5) Khadi or village industries ; or (6) ' any activity of the government relatable to the sovereign functions of the Government including all the1 activities carried on by the departments of the Central Government dealing with' defence research, atomic energy and space ; or (7) any domestic service ; or (8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten ; or (9) any activity being an activity carried on by a co operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten". ;