1989 LAB. I. C. 841 ::(1989) 2 CurLR 155 ::(1988) 2 Sim LC 171 ::(1989) 2 ServLJ 31 ::(1988) 4 ServLR 401 ::(1988) 2 CurLJ(CCR) 649

Himachal Pradesh High Court

Hon'ble Judge(s): P D Desai , C.J. AND R. S. Thakur , J

Industrial Disputes Act (14 of 1947) , S. 10, S. 12(5), S.2(i)— Reference of industrial dispute - Question whether particular Govt. department is "industry" under S. 2(j) - Cannot be decided by State Govt. in exercise of power under S. 10 read with S. 12(5) - Industrial Tribunal/Labour Court only has jurisdiction to decide such question.Industrial Dispute - Refernece by State Govt. - Question whether particular department of State Govt. is Industry" - Cannot be decided by State Govt. (Industry - Department of Govt. whether Industry - Cannot be decided by concerned Govt.). If there is a dispute on a question of law viz. as to whether a particular activity amounts to "industry" or not under S. 2(j) of the Act it is not for the State Government to reach a final decision on such a question while exercising powers under S. 10(1) read with S. 12(5) of the Act. Even if there is a dispute on questions of fact bearing upon the determination of the question whether particular Govt. Department viz. Forest Department is "industry", such dispute also cannot be finally resolved by the State Government while exercising those powers. These matters fall appropriately within the jurisdiction of the Industrial Tribunal / Labour Court. . (Para 5) .....