Full Judgment Text
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PETITIONER:
THE EXECUTIVE ENGINEER(STATE OF KARNATAKA)
Vs.
RESPONDENT:
K. SOMASETTY & ORS.
DATE OF JUDGMENT: 02/05/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
The respondent was appointed on daily wages in a
project taken up by the appellant and July 25, 1986. The
respondent was discharged from the work on its closure on
January 15, 1989. Thereafter, he approached the Labour Court
under Section 10 of the Industrial Disputes Act. On a
reference, the Labour Court held that the respondent is
entitled to continuity of service with back wages since it
amounts to dismissal. The order was confirmed by the learned
single Judge of the High Court subject to payment of 50% of
the back wages. Writ Appeal No. 878/96 was dismissed by the
Division Bench. Thus, this appeal by special leave.
It is now well settled legal position that the
Irrigation Department and Telecommunication Department are
not an ‘Industry’ within the meaning of definition under the
industrial Disputes Act as held in Union of India vs. Jai
Narayan Singh [(1995) Supp. 4 672] and in the State of H.P.
s. Suresh Kumar Verma [JT 1996 (2) 455]. The function of
public welfare of the State is a sovereign function. It is
the constitutional mandate under the Directive Principles,
that the Government should bring about welfare State by all
executive and legislative actions. Under these
circumstances, the State is not an ‘industry’ under the
Industrial Disputes Act. Even otherwise, since the Project
has been closed, the respondent has no right to the post
since he had been appointed on daily wages. It is brought to
our notice that respondent has reinstated. The order of the
reinstatement has been placed before us which indicates that
at the threat of contempt of Court, the order has been
enforced. it is stated therein that it is subject to the
final order of this Court in this appeal.
Under these circumstance, the appeal is accordingly
allowed. The order of the Labour Court stands set side. The
order and judgment too stand set aside.