State Of Jharkhand Through ... vs Sichai Kamgar Union
2023 Latest Caselaw 2397 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                      W.P. (L) No. 5599 of 2015

               State of Jharkhand through Executive Engineer, Irrigation Division,
               Water Resources Department, Government of Jharkhand, Jamtara,
               P.O. and P.S. Jamtara, District- Jamtara, Jharkhand
                                                                   ...      ...       Petitioner
                                             Versus
               Sichai Kamgar Union, Mukhya, Abhiyanta, Parichetra, Water
               Resources Department, Deoghar and others ... ...            Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Ankit Kumar, Advocate For the Respondents : Mr. P.K. Mukhopadhyay, Advocate

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17/20.07.2023 Learned counsel for the parties are present.

2. The records of the case indicates that one of the issue which arises in the present case is whether Water Resources Department is an industry under Industrial Disputes Act, 1947?

3. From the perusal of the award, it has been recorded in para 6 that this point was decided as a preliminary issue and the court had concluded that the Department is an Industry and the reference was good. However, no such order has been placed in the writ records. Counsel for the parties submit that the connected lower court records be called for.

4. So far the point as to whether the Water Resources department is an industry or not, the counsel for the respondents has relied upon the judgment passed by the Hon'ble Supreme Court reported in (1988) 2 SCC 537 and has submitted that irrigation department of the State of Punjab has been held to be an industry.

5. The counsel for the petitioner on the other hand has relied upon a judgment passed by Hon'ble Supreme Court in the case of State of Madhya Pradaesh and Others versus Somdutt Sharma, reported 2021 SCC Online SC 829 wherein it has been held that the Irrigation Department of the State of Madhya Pradesh is not an industry.

6. Post this case on 24.08.2023 under the heading for 'Orders' on I.A. No. 8752 of 2018.

7. Office is directed to call for the records of Reference Case No. 5 of 2010 disposed of by the impugned award dated 25.01.2014 by the court of learned Labour Court, Deoghar.

8. In the meantime, counsel for the petitioner shall also file reply to the petition under Section 17(B) being I.A. No. 8752 of 2018.

(Anubha Rawat Choudhary, J.) Binit