H.S.BEDI, J. - (1.) THIS letters patent appeal is directed against the judgment of the learned Single Judge dated 31.1.1996.
(2.) THE facts of the case are as under : - By Act No. 46 of 1982, Parliament amended the definition of 'Industry' given in the Industrial Disputes Act, 1947 so as to exclude its applicability to Educational Institutions and Hospitals etc. As per the provisions of the Amendment Act, the amended provision was to come into force with effect from a date to be notified by the Central Government. While hearing Civil Writ Petition No. 6822 of 1992 N.K. Sodhi, J. issued notice of motion to the Union of India to show cause as to why a writ of Mandumas be not issued directing the Central Government to enforce the will of the elected representatives of the people by notifying the date of enforcement of the amended provisions.
(3.) PURSUANT to the aforesaid notice, a written statement was filed on behalf of the Secretary, Government of India, Ministry of Labour Department, inter alia, pointing out that the notification pursuant to the amendment could not be issued because of the advice of the Ministry of Law to the effect that exclusion of certain specific categories of establishments may not be tenable under Article 14 of the Constitution of India unless appropriate arrangements were to be made for establishing an alternative grievance redressal machinery for resolution of employer/employee disputes in such establishments. It was further pleaded that the matter was under the active consideration of the Government including further modification of the provisions of the Industrial Disputes Act : - The learned Single Judge in his judgment dated 31.1.1996 observed as under : - "Counsel for the parties have been heard. Admittedly, the Parliament had passed the Amendment Bill in the year 1982. In spite of this, the amended provision has not been enforced for want of a notification by the Central Government. Do the reasons advanced on behalf of the Central Government provide good grounds ? We, in this country, boast of 5000 years of rich cultural heritage, a vast inhabitable area and fertile land. We are not only rich in man -power but also natural resources. In spite of the natural assets, we are one of the poorest nations in the world. In 1950, when India was declared a Republic, we had 2.2% share of the world's exports. Only 14 countries had higher exports. According to recent figures, we have only 45% of the world's exports. We are 43rd in the world. We are having consistently deficit budgets. Every year, we go out for aid. The Units that we set up with these loans or aid soon go sick. It is not that we lack the potential. Nor are we bad businessmen. In fact, it has been said that an Indian can buy from a Scot and sell to a Jew and yet make profit. We have some of the finest brains in the world. We have trained craftsman. Yet, we are the 21st poorest nation. As against this, we have the example of Japan. It faced a great earth -quake in 1923. It is the only country in the world which has experienced the trauma of an atomic holocaust. The land was charred rubble. Starving masses inflicted with lice were a common sight after the second World War. Yet, in less than 40 years the country made a spectacular come -back. It became the largest creditor nation in the world. According to the figures compiled about a decade back, Japan had 2.6% of the World's population living on 1% of its inhabitable area. Yet, it produced more than 10% of the world's economic value. It produced more than 24% of the world's cars, 40% of integrated circuits, 50% of the ships and 90% of its videos. With the only natural resource of its 124 million people, Japan achieved a gross national product of 28200 US dollars per capita per annum. We have 10 times the inhabitable area. Our population is seven times that of Japan. Yet, we were able to achieve a gross national product of 310 US dollars only. The only reason for our lagging behind in the comity of nations is that we have not developed a work culture. We have not learnt the lessons of labour and industry. We have not motivated our masses to channelise their energies to produce more. In one year alone, we have wasted 2.75 million work days by restoring to strikes and Bandhs. We have failed to inculcate discipline, dedication, a respect for values and a sense of patriotism. Resultantly, we face an erosion of values and poverty. It is not that we are not capable of doing better. After all, there are some amongst us who have put this country in the Select Nuclear Club. Our satellites are there in the space. If we work, inculcate values, introduce discipline and reward the one who works and punish him who does not, we are capable of doing well. It is true that good industrial relations between the employer and employee are essential for industrial peace and growth. It is with this object in view that provisions for speedy solution of disputes have been made in the Industrial Disputes Act. Various provisions providing protection to the workman have been made. However, one cannot say with certainty that these gestures have been appreciated or that the workman has given his best to the Industry, for if he had, our production could not have been as low as it is. The sick mills would not have been there at all and rate of growth would have been at least respectable. When I entered School, it was a temple of learning. By the process of judicial interpretation, it is now an industry. The hospitals which are meant to heal and cure have also been termed as Industry. Almost every field of human activity has been roped into the all pervasive definition of 'industry'. Resultantly, it is no surprise that even those who do not work call themselves workmen". ;