Search Results Page
Search Results
1 - 6 of 6 (0.26 seconds)The Industrial Disputes Act, 1947
Article 226 in Constitution of India [Constitution]
Umayammal vs State Of Kerala on 7 October, 1982
So far as the State's actions in exercise of its sovereign functions are concerned, they are distinct and stand on a different footing from the acts where the State engages itself in commercial activity. It is quite obvious that the ordinary commercial or similar other activity cannot be held to be within the exercise of the sovereign functions of the State. Administration of justice is quite clearly the exercise of the sovereign function of the State. The Division Bench has very rightly pointed out that this function cannot be divided or dissected into parts or pieces and some of them regarded as actions in exercise of sovereign function and others regarded as not in exercise of sovereign functions. Indeed, the very idea of commercial dealing or similar activity is anethema to the concept of administering justice between the contending parties. The Division Bench of this Court in the above decision and the Full Bench of Kerala High Court in Umayammal v. State of Kerala 1982 KLT 829 have examined this position clearly and held that Judicial Department is not an 'industry' within the meaning of the Industrial Disputes Act. This Court is in respectful agreement with the aforesaid decisions, and therefore, it is held that Judicial Department is not an 'industry' and hence Section 25-F has no application.
Bangalore Water-Supply & Sewerage ... vs R. Rajappa & Others on 21 February, 1978
Reference has been made by Counsel to the decision in Water Supply and Sewerage Board v. A. Rajappa . We do not think that it will support the position canvassed by the petitioner. We see no reason to entertain this petition or to permit the petitioner to continue in the face of a regular appointment made to her office. Suffice to say that we see no reason for interference under Article 226 of the Constitution of India. It is open to the petitioner to make a representation on this question where upon we expect that to be examined appropriately.
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
1