THE BANGALORE WATER SUPPLY: CASE ANALYSIS

Abstract

The respondent employees were fined by the Appellant Board for misconduct and various sums were recovered from them. Therefore, they filed a Claims Application No. 5/72 under Section 33C (2) of the Industrial Disputes Act, alleging that the said punishment was imposed in violation of the principles of natural justice. 

 The appellant Board raised a preliminary objection before the Labour Court that the Board, a statutory body performing what is in essence a regal function by providing the basic amenities to the citizens, is not an industry within the meaning of the expression under section 2(j) of the Industrial Disputes Act, and consequently the employees were not workmen and the Labour Court had no jurisdiction to decide the claim of the workmen. 

This objection being over-ruled, the appellant Board filed two Writ ‘Petitions before the Karnataka High Court at Bangalore. The Division Bench of that High Court dismissed the petitions and held that the appellant Board is “industry” within the meaning ‘of the expression under section 2(i) of the Industrial, Disputes Act, 1947. 

The appeals by Special Leave, considering “the chances of confusion from the crop ‘of cases in an area where the common man has to understand and apply the law and the desirability that there should be, comprehensive, clear and conclusive declaration as to what is an industry under the Industrial Disputes Act as it stands” were placed for consideration by a larger Bench.