C.W.P. No.11821 of 1988 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11821 of 1988 Date of Decision: 20.11.2009 Gurdev Singh .....Petitioner Versus The Presiding Officer, Labour Court, Bathinda and others ....Respondents Present: Mr. Arun Bansal, Advocate for Mr. T.S. Sangha, Advocate for the petitioner. None for respondent No.2. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers 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? -.- K. KANNAN J.(ORAL) 1. The order under challenge is a direction by the Labour Court in an application under Section 33-C(2) of the Industrial Disputes Act filed by the workman that being a share cropper, he was entitled to 1/11th share of the value of the produce. The twin contentions that had been urged before the Labour Court were that an agricultural labour cannot invoke the provisions of the Act and the agricultural industry will not come within the definition of industry. The Labour Court had rejected the contention making reliance on the Bangalore Water Supply & Sewerage Board Vs. A. Rajappa 1978 LIC 467(SC) that a systematic C.W.P. No.11821 of 1988 -2- activity engaged in by the management in agriculture related activity could bring it within the definition of industry. Adverting to the second contention whether the workman was entitled to 1/11th share, the Court relied on the evidence of one Bir Singh, whose evidence as an independent witness, evoked confidence in the Labour Court to assess the value of the crops in the year 1983 and determined the value of the crops as to be Rs.65,400/-. Reckoning 1/11th share on the same, the Labour Court found that the workman was entitled to Rs.5945/- and awarded costs also fixed at Rs.100/-. The order of the Labour Court is well reasoned and there is no cause for intervention. 2. The writ petition is dismissed. No costs. (K. KANNAN) JUDGE November 20, 2009 Pankaj*