INDUSTRIAL DISPUTES ACT, 1947,

Section 2(j)

Industry - Termination of services of sweepers by co-operative housing society - Industrial dispute - Whether co-operative housing society covered within the definition of industry

Respondents were engaged as sweepers in the petitioner-society. Later, their services were terminated, therefore, they raised an industrial dispute before the Labour Court for adjudication. The petitioner-society contended that it was not an 'industry' as defined under section 2(j). However, the Labour Court rejected the petitioner's contention on the ground that since the petitioner had let out a part of its terrace for installation of telephone transmission tower and was earning income from the licensee, therefore, such activity covered the petitioner within the meaning of 'industry'. Held: It was noticed that services rendered by domestic servants purely in a personal or domestic matter or in a casual way would fall outside the definition of 'industry'. When personal services were rendered to members of a society and the society was constituted only for the purposes of those members so as to engage employees for such services, neither its activities could be treated as industry nor were the employees to be termed as workmen. Thus, the petitioner-society was not an 'industry' in terms of section 2(j). Hence, petition was allowed.

REFERRED : Banglore Water Supply and Sewerage Board v. A. Rajappa & Ors. 1978 (2) SCC 213 : 1978 (36) FLR 266 (SC)

FAVOUR : In favour of petitioner

A.Y. :

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