JUDGEMENT
S. N. BHARGAVA, J. -
(1.) THIS writ petition has been filed challenging the Award dated 29. 6. 1977 (Annexure-l) passed by the Judge, Labour Court, Jaipur by which it was held that Zila Parishad is an 'industry' within the meaning of Sec. 2 (j) of the Industrial Disputes Act, 1947, (hereinafter referred to as the 'act of 1947'), and that the termination of the non petitioner No. 1 was improper, unjustified and illegal, being violative of Sec. 25-F of the Act of 1947, and therefore, he was entitled to reinstatement in service with full back wages.
(2.) THE writ petition was admitted on 25. 9. 78. but the stay application filed alongwith the writ petition was rejected, and therefore, the impugned Award dated 29 6. 1977 has been implemented, and the non petitioner No. 1 was taken back in service.
Since the writ petition involves an important question as to whether Zila Parishad is an 'industry' within the meaning of Sec. 2 (j) of the Act of 1947, a general notice was also issued to the learned members of the Bar, to address the Court on the subject, if they so liked.
We have heard learned counsel.
Learned counsel for the non petitioner No. 1 has submitted that Panchayat Samiti has been held to be an 'industry' within the meaning of Sec. 2 (f) of the Act of 1947, by this court in following cases:-
In Jeth Mal V State of Rajasthan (1) learned Single Judge of this Court, relying on an earlier decision of this Court in Shanti Lal V. State of Rajasthan (2) and Panchayat Samiti, Kotdi V. Bheroolal (3) and Deva Ram V. State of Rajasthan (4) has held that Panchayat Samiti is an 'industry' within the meaning of Sec. 2 (f) of the Act of 1947.
(3.) SIMILAR view was again expressed by Justice Mathur in Kewal Ram V. Sate of Rajasthan (5 ).
Earlier also, Justice D. P. Gupta, as he then was, in Panchayat Samiti, Shahpura V Labour Court (6) held that Panchayat Samiti conducting agricultural operations with help of tractor is an 'industry' within the meaning of Sec. 2 (j) of the Act of 1947.
In Chhaju Ram V. State of Rajasthan (7) a Single Judge of this Court observed that the Panchayat Samitis are engaged in the industrial activity of maintaining buildings and roads that the Department of the Panchayat Samiti under which the petitioner was discharging his work as a 'mistry' (Civil) is an 'industry' within the meaning of Sec. 2 (j) of the Act of 1947.
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