Shashi Kanta Rishi vs Union Of India & Ors.
1999 Latest Caselaw 285 Del

ORDER

Mukul Mudgal, J.

1. This writ petition challenges the award of the Industrial Tribunal dated 1st December, 1997 by which the Presiding Officer of the Central Government Industrial Tribunal had rejected the reference made to it at the behest of the petitioner herein on the ground that the telecom department of the Government is not an 'industry'. For this purpose reliance was placed on the judgment of the Hon'ble Supreme Court reported in 1996(8) SCC 488 Sub Divisional Inspector of Post Vs. Theyyam Joseph and Others. The Tribunal had relied upon the said judgement of the Hon'ble Supreme Court in the Sub Divisional Inspector of Post case (supra) in preference to the judgment of the Supreme Court in Bangalore Water Supply and Sewarage Board Vs. A. Rajappa and others . The learned counsel for the petitioner submitted that since then the view taken in the judgment of the Sub Divisional Inspector of Post has been overruled by a judgment of 3 Hon'ble Judges of the Hon'ble Supreme Court reported as General Manager Telecom Vs. A Srinivasa Rao and Others 1997(7) Scale 99 where it has been held that it is not permissible for a Bench of three or for that matter any Bench of lessor strength to take a view contrary to that in the Bangalore Water Supply case. In the said judgment of General Manager Telecom (supra) it was held that the telecom department of the Union of India was an 'Industry' within the meaning of industry as per Section 2(j) of the Industrial Disputes Act.

2. Accordingly the writ petition is allowed and the impugned order dated 1st December, 1997 is set aside and the matter is remanded to the Central Government Industrial Tribunal for disposal in accordance with law.

3. The impugned order is thus set aside. The matter is remanded back to the Central Government Industrial Tribunal with the directions to dispose of the matter expeditiously preferably within six months from the date of receipt of the orders.

4. The writ petition stands disposed of accordingly with no order as to costs.