- (1.) The petitioner-workman had claimed reference of industrial dispute before the appropriate government, after serving demand notice and the reconciliation proceedings having failed. The appropriate government referred the industrial dispute vide order dated October 26, 1998. The workman submitted the claim statement, the respondent filed a detailed written statement, taking all the pleas and contesting the claim of the petitioner workman. The legal objection has been taken that the reference is not maintainable as the respondent i.e. Shiromani Gurdwara Prabandhank Committee (SGPC) is not an industry under the provisions of the Industrial Disputes Act, 1947, (hereinafter referred to as "the Act") therefore, the Labour Court has no jurisdiction to adjudicate and take a decision upon the reference. However, upon the pleadings of the parties issues have been framed and that the first issue reads as under :- "Whether the reference is not maintainable as alleged in the legal objections taken in written statement ?" Parties led their respective evidence to prove their pleadings.
(2.) The Labour Court has categorically held, so far as issue No. 2 is concerned that the respondents have properly held the enquiry and that appropriate opportunity to defend had also been granted by the Enquiry Committee after the workman had been duly served with the charge sheet and he had submitted reply thereto. It has been noticed that the workman had earlier also embezzled the amount, in regard to which the admission was made by him and thereafter a fine of Rs. 100/- had been imposed upon him, as per the decision of the Enquiry Committee. However, the workman was reinstated. Then again the workman embezzled the amount and yet again admitted his guilt and was punished with a fine of Rs. 500/-. Thereafter, his services had been terminated vide order dated March 5, 1993. It has been held by the Labour Court that the workman is in the habit of embezzling amount, therefore, the opinion formed by the respondent does not require to be interfered with.
(3.) Apart from above, so far as maintainability of the reference is concerned, the Labour Court has categorically opined that the Shiromani Gurdwara Prabandhank Committee is not an industry and in this regard, has placed reliance upon a judgment rendered by a learned single Judge of this Court in re : Shiromani Gurdwara Prabandhank Committee v. Presiding Officer, Labour Court, Patiala,2003 4 SCT 77 , wherein it has been held that SGPC is not a commercial organization and not in the business of distribution of goods and services, which may satisfy human wants, therefore, it does not fall within the ambit of industry as defined under the Act.;