District Rural Development Agency vs Hinaben Mohansingh Bes

K.S. Jhaveri, J.—Though This petition is directed against the judgment and award passed dated 28th July 2003 by Labour Court, Junagadh in Reference (LCJ) No. 107 of 1996 whereby the petitioner was directed to reinstate the respondent in service without back wages.

The respondent herein was employed as part time employee for two hours a day and was paid on daily basis as daily wager. Since there was no requirement of services of the respondent, he was relieved and therefore he raised a dispute before Labour Court, Junagadh wherein the aforesaid award came to be passed.

The only issue raised in this petition is that the petitioner is not an "industry" as per the well settled law.

In the case of State of U.P. and Others Vs. Arun Kumar Singh, it is held that District Rural Development Agency is only entrusted with the work of carrying on different schemes entrusted to it including the Jawahar Rozgar Yojana and hence it cannot be described as industry within the meaning of the Act. The petitioner herein is District Rural Development Agency set up by the Central Government for carrying out various project for Central Government and State Government meant for poor class of people. Therefore the ratio laid down in the aforesaid decision would be squarely applicable to the present case. Thus, the petitioner is not an industry.

In view of the above, the impugned judgment and award is hereby quashed and set aside. Rule is made absolute accordingly with no order as to costs.