S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, All India Conference (Golmuri Constituent Branch), Mahila Sharan, Teclo Colony while challenged the order dated 11th June, 1991 passed in reference Case Nos. 5/86 to 8/86, have also challenged the award dated 28th June, 1993 passed in Reference Case Nos. 5/86 to 8/86/27/88 to 30/88.
(2.) BY order dated 11th June, 1991, the learned Presiding Officer decided the preliminary issue against the petitioner and held it an Industry, as defined under Section 2(j) of Industrial Disputes Act, 1947 (I.D. Act for short). By the impugned award dated 28th June, 1993, while the dismissal orders of respondents 3 to 7 have been set aside by the learned Presiding Officer and minor punishment of stoppage of three increments have been imposed, they have been reinstated with full back wages and other benefits. The petitioner which claim to be a Philanthropic Organisation mainly raised two questions for determination, namely, (a) whether the Philanthropic Institution is an Industry, as defined under Section 2(j) of the I.D. Act, 1947 or not (b) whether the punishment of stoppage of increments as awarded by the learned Presiding Officer is proportionate to the gravity of charges or not.
(3.) THE case of the petitioner is that the petitioner is one of the wings of All India Womens Conference, an incorporated body, registered under the Societies Act, 1860. It is a Philanthropic Organisation set up, inter alia, with aims and objects to help the destitute and handicapped, mentally retarded and needy women/widows as well as children to earn their livelihood; for opening avenues of employment and maintaining orphanage; to bring up the children born of leper parents till they are settled in life. It is purely a Philanthropic and Charitable Institution, without any profit motive. While doing the aforesaid work, the petitioner -Organisation make some savings which are utilized for achieving its philanthropic objects.;