1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4570 OF 2008 M/s. Soljai Doordarshan Mandal ..Petitioner. Vs. Shantaram Barkya Humane ..Respondent. .... Mr. A.S. Khandeparkar with Mr. D.H. Pawar i/b M/s. Khandeparkar & Associates for the Petitioner. Mrs. Anjali Waghmare for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st December, 2008. P.C. : 1. Rule, by consent of the learned counsel made returnable forthwith. Counsel appearing for the Respondent waives service. By consent of the learned counsel, the matter is taken up for hearing and final disposal. 2. The Labour Court by its award dated 18th September, 2007 has allowed a reference granting reinstatement with 50% backwages from 23rd September, 2002. 2 3. The contention of the Petitioner is that in paragraph 1 of the written statement a defence was raised to the effect that the activities of the Petitioner do not fall within the description of “industry” for the purpose of Section 2(j) of the Industrial Disputes Act, 1947. Though a defence was raised, no issue was framed. Counsel appearing for the Respondent workman has not been in a position either to dispute the position that such a defence was raised or that no issue was framed. Ex facie, the order of the Labour Court shows that no issue was framed on the question as to whether the activities of the Petitioner satisfy the definition of “industry” in Section 2(j) of the Industrial Disputes Act, 1947. In fact the prefatory part of the order records that such a defence was taken. Despite this neither was any issue framed nor was there any adjudication on that question. That being the position, it would be appropriate and proper if the proceedings are remanded back to the Labour Court for framing an issue as to whether the activities of the Petitioner satisfy the description of the expression “industry” within the meaning of Section 2(j) of the Industrial Disputes Act, 1947. Parties shall be at liberty, should they be advised, to apply before the Labour Court for leading evidence on 3 the issue. The Labour Court shall upon remand frame an issue on the aforesaid question and redetermine all the issues in the reference afresh after hearing the parties. Hence the following order : i) The impugned order dated 18th September, 2007 is set aside; ii) The proceedings in the Reference viz. 27 of 2003 shall stand restored to the file of the Labour Court; iii) The Labour Court shall frame the following issue viz. “Whether the activities of the Petitioner constitute an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947;” iv) Parties shall be at liberty to apply before the Labour Court to lead evidence on the aforesaid issue. In the event that such an application is made, the Labour Court shall pass orders thereon after hearing the parties; and v) Parties shall appear before the Labour Court for receiving 4 directions on 15th December, 2008. The Labour Court shall fix a time schedule for expeditious disposal of the reference: The Petition shall stand disposed of in the aforesaid terms. There shall be no order as to costs. *****