M .KARPAGA VINAYAGAM,J. - (1.) ASIT Baran Modak, the petitioner herein, claiming that he was working as a workman in the Deoghar Satsangh, the respondent herein, on being aggrieved over his termination, raised an industrial dispute, which was referred to the Labour Court, Deoghar for adjudication. By the award dated October 6,2001, the Labour Court rejected the claim of the petitioner holding that it is not an industrial dispute as the respondent is not an industry as defined under the Industrial Disputes Act. Challenging the same, petitioner has filed this writ petition.
(2.) THE terms of reference which was framed by the Labour Court is as follows: (i) Does Deoghar Satsangh come under the definition of Industry as per the Industrial Disputes Act? (ii) If yes, whether the termination of service of Asit Baran Modak is justified? (iii) If not, whether Modak is entitled to reinstatement or compensation? According to the petitioner, he was appointed as a Clerk in the year 1967 by Satsangh and was dismissed from the service on November 11,1990 without any reason.
(3.) ACCORDING to the management, the respondent herein, the Satsangh does not come within the definition of Industry as per the Industrial Disputes Act, 1947 as there is no relationship of employer and employee between the Satsangh and the petitioner and, therefore, the claim of the petitioner is not maintainable under the Industrial Disputes Act.;