CWP No. 6474 of 1992 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 6474 of 1992 (O&M) Date of decision : April 19, 2011 The State of Haryana and another, ...... Petitioners v. Shri Om Parkash and another, ...... Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Ms. Shalini Attri, DAG Haryana for the petitioners. Mr. Ramesh Hooda, Advocate for respondent No.1. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This writ petition has been filed against the Award dated 18.7.1991 whereby it was held that firstly the petitioner was an industry and secondly that the termination of the services of respondent No.1 was illegal. Respondent No.1 had, admittedly, been appointed as Mali-cum- Chowkidar on 13.8.1986 on daily wages in Mahila Ashram, Rohtak. After he was permitted to complete 240 days, his services were terminated on the ground that the post of Mali-cum-Chowkidar did not exist. The procedure CWP No. 6474 of 1992 (O&M) ::2:: under Section 25F of the Industrial Disputes Act was not followed. On 27.5.1992, the writ petition was admitted and the operation of the Award was stayed. However, it was directed that instead of respondent No.1 getting wages last drawn, he would be given current wages from the date of the award on his furnishing an affidavit that during this period he was unemployed. Thus, for the last two decades, respondent No.1 has been granted the benefit of payment without work. It is not disputed that respondent No.1 was appointed in the Mahila Ashram at Rohtak which was one of the three homes set up for rehabilitation of destitute women and widows in the State of Haryana. It is also not disputed that in this Mahila Ashram, destitute women and their children are given monthly cash dole in addition to the facilities of free accommodation, education, water electricity and medical aid etc. The learned Labour Court held the said Mahila Ashram to be an industry on the ground that some goods which were made by the inmates were sold and, thus, as per the learned Labour Court the same amounted to a commercial activity. In my considered opinion, the sale of such goods which are made by the inmates and used only to supplement their income would not constitute a commercial activity in the hands of Mahila Ashram so as to render it to be falling within the definition of the word `industry' under Section 2(J) of the Industrial Disputes Act. In the circumstances, this writ petition is liable to be allowed on this short ground. Consequently, this writ petition is allowed and the impugned Award is set aside. However, it is made clear that the amount paid to respondent No.1 under the orders of this CWP No. 6474 of 1992 (O&M) ::3:: Court is not liable to be refunded. No order as to costs. ( AJAY TEWARI ) January 19, 2011. JUDGE `kk'