G.S.Singhvi, J. - (1.) The petitioner, Hari Mohan Bhatnagar, was engaged on Muster Roll in the year 1962 in the Command Area Development, Chambal, Kota. He was declared semi permanent. Subsequently, he was retrenched in the year 1969. He was again engaged as a daily wage employee. He was once again declared semi permanent vide order dated, 20.9.82, of the Executive Engineer, Distributary Division, C.A.D. Chambal, Kota. He was given the grade of Rs. 295-500/- as Mistry (Semi Permanent) w.e.f. 1.1.79 in C.A.D. Department. Irrigation is one of the wings of C.A.D. The services of the employees of C.A.D. Department are regulated by the provisions of the various sets of rules including the Rajasthat P.W.D. (B & R) including Gardens, Irrigation, Water Works and Ayurvedic Department Work-charge Employees Service Rules, 1964 (for short 1964 Rules). In accordance with the provisions of 1964 Rules, unit-wise seniority is maintained. The petitioner's name has been included at serial No. 61 in the seniority list of Mistris of Irrigation Wings. On 23.5.83 the Chief Accounts Officer C.A.D. Chambal,Kota, wrote a latter to the Superintendent Engineer, Canal Circle, C.A.D. Kota for retrenchment of Muster Roll/Work-charge employees numbering 1211. This was followed by an order dated, 29.5.83 issued by the Superintending Engineer, C.A.D. Irrigation Circle-I, Kota, which was published in Daily Rashtradoot, dated, 30.5.83. By this order, the services of number of employees including that of the petitioner was ordered to be terminated in the afternoon of 30.5.83 in accordance with the Rule 26 of 1964 Rules. The reason given in the order is that by Government order dated, 16.4.83, some divisions of the Irrigation Wing of C.A.D. have been abolished and therefore, the employees named in that order who belonged to C.A.D. Irrigation, Circle-I, had been declared surplus. The name of the petitioner has been shown at serial No. 13 in the category of Mistries. The order dated, 16.4.83 of the Government issued under the signatures of the Special Secretary, Agri. (C.A D.) Group-X Department, sanction of the Governor for abolition of the posts of various units of C.A.D. Chambal, was conveyed. Although, different categories of posts have been specified in that order, posts of Mistries do not find mention in the said order. This order dated, 16.4.83 has been placed on record as Annexure-4 with the reply filed by the respondents. The petitioner has produced before the Court a copy of office order dated, 20.4.83 issued by the Area Development Commissioner, C.A. Chambal, whereby the various offices of Irrigation Wing were merged with the order existing offices in C.A.D. Chambal. He has also placed reliance on a letter dated, 30th January 1984 issued by the Chairman and Administrator, Rajasthan Canal Bard for absorption of the employees who were retrenched from C.A.D. Chambal. In para-3 of the said-order dated, 30th January 1984, the Chairman and Administrator, Rajasthan Canal Board expressed opinion that it would be possible to absorb the staff of the category of Mates and Mistries.
(2.) While challenging the order of retrenchment the petitioner has asserted that the respondents have not followed the provisions of the rules of 1964, & also section 25F of the Industrial Disputes Act, 1947. Even the Government order dated, 16.4.83 has not properly been followed. That order. does not make any reference to the abolition of posts of Mistries and yet, in the garb of abolition of the posts, the petitioner has been declared surplus and retrenched from service. The respondents have contested the petition by asserting that the C.A.D. Department does not come within the scope of term 'industry' as used in section 2 (g) of 1947 Act The activities of the C.A D. relate to the development of Chambal Command Area for preventing water logging and for solving drainage problems and also to attain optimum utilisation of irrigation water. This activity falls within the ambit of regal & sovereign functions of the State. It has also been stated that the petitioner is not a workman for the purpose of the Industrial Disputes Act, 1947. The seniority lists are required to be prepared unit-wise. The petitioner has, in fact, not been retrenched, but, it is a case of closure of the establishment. The respondents have then asserted that in accordance with the Government order dated, 16.4.83, three irrigation Divisions, one Circle and the office of the Additional Chief Engineer, C A.D. Chambal, Kota, have been abolished. The regular staff has been adjusted against the existing vacancies or has been declared surplus. However, the work-charge staff has been retrenched by compliance of Rule-26 of 1964 Rules. The notice of termination had been sent by post and salary of one month in lieu of notice was sent along with the termination order. The notices were also pasted on the notice Board. Rile-26 of 1964 Rules permit termination of service of work-charge employees by giving one month's notice.
(3.) The first question which requires consideration is as to whether the CAD. Chambal, Kota, can be treated as an 'industry' for the purpose of section 2 (j) of 1947 Act. In this context it is relevant to mention that the provisions of work-charge Rules have been made applicable entire C. A. D. Chambal, Kota. At the same time, vide notification No. F. 3(3) Shram/64/Jaipur, dated, Nil, issued by the Dy. Secretary to the Government (Labour Department), the provisions of Industrial Disputes Act have been invoked and the work of Chambal Project was declared public utility service for the curious of Industrial Disputes Act, 1947. This gives an indication that the Government itself has treated the C. A. D. Chambal as subject to the provisions of 1947 Act. That apart, admittedly, the work of the Chambal Command Area relates to solving the problem of water logging, drainage and attaining optimum utilisation of irrigation water. The question as to whether such a work of a Government Department falls within the scope of the term 'industry' has been examined by the Supreme Court in Deshraj v. Industrial Tribunal, AIR 1990 S.C. 1114 . Their Lordships of the Supreme Court, while reversing a decision of the Punjab and Haryana High Court, have held that the activity of Irrigation Department of the Government falls within the definition of the term 'industry' under the Industrial Disputes Act, 1947. That being the position of law I need not enter into further discussion on the issue.;