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1 - 4 of 4 (0.30 seconds)Management Of Safdarjung Hospital, New ... vs Kuldip Singh Sethi (With Connected ... on 1 April, 1970
If will thus be seen that the workshop of the organisation is a facility which it is employing for its purpose to repair the vehicles and plant protection equipment go that they can be attended immediately without having to be referred outside if the repairs is of not of very major nature. A reference to the various works done by the Locus Warning Organisation completely negatives the suggestion of the petitioner that the Locust Warning Organisation must be taken to be an undertaking carrying on economic activity and producing material services, have been "Material services" have been stated to involve an activity carried on through cooperation between employers and employees to provide the community with the use of something such as electric power, water, transportation, mail delivery, telephones, and the like. The activity must be of commercial character, on which something is brought into existence quite apart from the benefit to particular individuals. It is the production of this something which is described as the production of material services See Safdarjuing Hospital v. K.S. Sethi . Here on the contrary what I find is that because of the Locust menace which would greyly be harmful to the agricultural production in this country the Central Government has an organisation to see not only that the locust menance whenever it arise. It is met firmly but also to give warning in advance. I do not find in the nature of is activities anything remotely similar to an undertaking supplying material services, to as to constitute industry. It is a beneficial activity which is being undertaken by the Central Government, the purpose being to see that the crops in the country are saved from the locust. The tests which have been laid down for determining any undertaking to be an industry are woefully lacking in the present case.
Rajasthan State Road Transport ... vs The Judge, Industrial Tribunal ... on 20 September, 1973
7. Mr. Jodha has referred to State of Rajasthan v. The Industrial Tribunal, Rajasthan 1970 RLW 137 wherelu it was held that the Survey and Investigation Division in the Irrigation Department is an industry within the meaning of Industrial Disputes, Act.
Mahesh Chandra Sharma vs State Of Rajasthan An Anr. on 5 April, 1974
This view was also followed in a subsequent case Mahesh Chandra Sharma v. State of Rajasthan 1074 RLW 338 wherein it was held that the Irrigation Department of the State Government is an industry within the meaning of the Act. It should however be noticed that the reason why it was so held was because the Court came to the conclusion that the Irrigation department of the Government were engaged in activities which were analogous to trades or business because the irrigation facilities and supply of water was provided on payment of certain charges. I do not see how the ratio of those cases is in any way applicable. It is not the petitioner's case that for the work performed by the locust warning organisation any charges are received or any money is collected from the agriculturists. These two cases are therefore distinguishable.
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