- (1.) THIS writ petition raises an important question as to whether a Fire Brigade service maintained by Municipal Committee, Faridabad, is an industry within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter called the Act), so as to give jurisdiction to the State Government, under Section 10, to refer a dispute between a Municipal Committee and its employees to the Industrial Tribunal for adjudication of the same. The facts which led to the writ petition are not in controversy.
(2.) THE petitioners who are the workmen of the Fire Brigade section of the municipal Committee used to be supplied free electricity and water in their quarters, according to the alleged terms and conditions of their service. The bills had, therefore, to be paid to the departments of electricity and water supply by the Municipal Committee, respondent 3, and the Fire Officer, Haryana. Chandigarh, respondent 2. These respondents did not pay the bills for some time with the result that water and electricity connections of the petitioners' quarters were cut off in the year 1965. The petitioners thus aggrieved moved the State government by raising what they described to be an Industrial dispute but the conciliation proceedings brought about under the Act produced no effect. The state Government then made a reference, under Section 10 of the Act, to the industrial Tribunal, Haryana, respondent 1, vide Haryana Government Notification no. ID/frd/20g/c/ 52104, dated 6th December, 1967, in the following terms:- "whether the action of the management in withdrawing the free supply of electricity was justified and in order? If not, to what relief the workers are entitled and from which date?"
(3.) ON the pleas raised by the workmen and the Municipal Committee, the following issues were framed by respondent 1, Industrial Tribunal, Haryana: -- (1) Whether the activities of the Municipal Committee which are relevant in the present case cannot be deemed to be an industry and as such the dispute in question is not an industrial dispute? (2) Whether the Fire Officer and the Municipal Committee contravened the provisions of Section 9-A of the Industrial Disputes Act? If so, what is its effect on the present reference? (3) Is the dispute in question not an Industrial dispute for various reasons given in the written statement of the Municipal Committee? (4) Is the demand in question stale and belated? If so, what is its effect on the present case? (5) Whether the action of the management in withdrawing the free supply of electricity was justified and in order? If not, to what relief the workers are entitled and from whicn date?;