Supreme Court of India
Asha Ram vs Divisional Engineer, Telecom Deptt. ... on 20 July, 2000
Equivalent citations: [2000(87)FLR211], JT2000(10)SC182, (2001)9SCC382, AIRONLINE 2000 SC 340
Bench: S. Rajendra Babu, Shivaraj V. Patil
ORDER
1. In a reference made to the Tribunal a finding was recorded that the Telecom Department is not an industry and on that basis, reference was held to be incompetent and remained unanswered. That award has been challenged in this appeal.
2. This Court in General Manager, Telecom v. A. Srinivas Rao and Ors. held that the said department is an industry. In that view of the matter the award made by the Industrial Tribunal-cum-Labour Court is set aside and the matter is remanded to the Industrial Tribunal-cum-Labour Court for fresh consideration in accordance with law after due notices to all the parties.
3. Shri Rajiv Nanda, learned Counsel contends that in view of the earlier decisions of this Court, we should not upset the award made by the Tribunal. But we must make it clear that the question as to whether the respondent is an industry or not, being a live issue in pending matters, which point needed to be considered by the courts or the Tribunal at one stage or the other. The fact being so, we do not think we can accede to the contention advanced on behalf of the respondent. In the circumstances, the appeal is allowed as aforesaid.