- (1.) Whether the Agriculture Department of the Punjab State comes within the ambit of "industry" as defined in section 2(j) of the Industrial Disputes Act (hereinafter referred to as the Act), is the question to be decided in this case.
(2.) The respondent Daljit Singh was employed as Agricultural Sub Inspector in the aforesaid Department. His services were terminated on 1st of March, 1979. Whether the termination was justified and in order was the point referred for adjudication by the State Government to the Labour Court, Patiala, under Section 10(1)(c) of the Act. The Director, Agriculture, Punjab, and the Chief Agriculture Officer, Sangrur, the present petitioners, pleaded that the services of Daljit Singh were terminated purely on administrative grounds and no stigma was attached. An objection was also taken that the Agriculture Department is not an "industry" as defined in the Act and so the Labour Court had no jurisdiction to entertain the reference under section 10(1) (c) of the Act. On the pleadings of the parties, the Labour Court framed the following issues : 1. Whether this Court has no jurisdiction in the matter ? 2. Whether the order of termination of services of the workman is justified and in order ? 3. Relief. On the first issue the Labour Court held that the Agriculture Department of the Government fell within the definition of "industry" and as such the reference under Section 10(1)(c) of the Act could be entertained by it. On the second issue the Labour Court found that the termination of services of Dalip Singh was neither justified nor in order. In pursuance of these findings the Labour Court gave the impugned award, dated 11th of February, 1981, reinstating Daljit Singh with continuity of service and full back-wages. The petitioners have preferred the instant writ petition challenging the validity of the Labour Court's award on the ground that the agriculture department of the Punjab Government of which Daljit Singh was an employee, not being an "industry" is not covered by the Act and consequently the Labour Court had no jurisdiction to entertain the reference.
(3.) The term "industry" has been defined in the Act as follows :- "2(j) 'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen".;