In Writ Petition No.12525 of 1991 filed in the High Court of Punjab Haryana, respondent number3 prayed for a direction that the appellant should, like other industrial establishments, have its own certified standing orders made under the Industrial Employment Standing Orders Act, 1946.
To companye up on 26.7.94 for evidence and arguments in this issue.
The appellant has already put in appearance and has filed a written statement before the Tribunal in which he has raised certain preliminary objections including the objection that it was number an Industry and companysequently numberreference companyld be made to the Industrial Tribunal.
O.P.Mgt.
To companye up on 26.9.95 for filing affidavits.
1978 1 Labour Law Journal 349 1978 3 SCR 207 in which a companyprehensive definition of the word Industry was attempted to be given followed by legislative changes in the Industrial Disputes Act, it was thought that the Management or Establishments would give up their old habit of raising preliminary issues in Industrial References as to whether they are an Industry within the meaning of the Industrial Disputes Actor number, but Samuel Johnsons observation that one of the maxims of civil law is that definitions are hazardous is still true and this question companytinues to be raised almost in every case before the Tribunal.
The appellant challenged the above order in C.W.No.14201 of 1995 in the High Court of Punjab Haryana but it was dismissed on 22nd October, 1995.
The Industrial Tribunal, however, by its order dated 22nd of August, 1995 directed that the preliminary issue as also other issues will be companysidered together.
It was at this stage that the High Court was approached by the appellant with the grievance that the Industrial Tribunal, having once decided to hear the matter as a preliminary issue, companyld number change its mind and decide to hear that issue along with other issues on merits.
The High Court by its Order dated 24th of March, 1992 directed the State of Haryana to refer the dispute between the parties to the Industrial Tribunal and acting on that basis, the State of Haryana made the following reference to the Industrial Tribunal Whether the establishment NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALS M 10, SOUTH EXTENSION II, RING ROAD, NEW DELHI, is an INDUSTRY within the meaning of definition of the terms INDUSTRY as given in the Industrial Disputes Act.
The Writ Petition was resisted by the appellant on the grounds, inter alia, that it was number an industry within the meaning of the Industrial Disputes Act and, therefore, there was numberoccasion for it to make its own certified standing orders under the Industrial Employment Standing Orders Act, 1946.
The preliminary issues as well as the other main issue may be companysidered later on.
Reply to the application moved on 27.7.95 is filed after hearing the Ars for the parties at length, I feel it shall be in t he fitness of things that the parties file their affidavits in support of their rival companytentions.
The appellant has number companye up in appeal.
After the decision of this Court in Bangalore Water Supply Sewerage Board vs. A. Rajappa Ors.
SAGHIR AHMAD, J. Leave granted.
The appellant is a society registered under the Societies Registration Act, 1960 and respondent number3 is an association of its employees.
The appellant is numberexception and it has also raised the same question which has brought this industrial litigation, still at its infancy, to this Court.
