1 S.B. CIVIL MISC CONTEMPT PETITION NO.65/2008 IN S.B.CIVIL WRIT PETITION NO. 4941/2004 Date of Order :: 24.3.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. SKM Vyas, for the contemnor. Mr. Ravi Bhansali, for the respondents-writ petitioner. ... This contempt petition is preferred for non-compliance of the order dated 17.5.2007 directing the respondents to make compliance of the provisions of Section 17-B of the Industrial Disputes Act, 1947. On perusal of record I find that essentially the matter relates to an industrial dispute referred by the appropriate government for its adjudication on 8.6.2001. The employer in the aforesaid dispute is shown as Officer Commanding (OC), General Reserve Engineering Force, Barmer. The General Reserve Engineering Force being an armed force is discharging sovereign functions, and therefore, is not at all an industry as defined under Section 2(j) of the Industrial Disputes Act, 1947, thus, the award impugned in Writ Petition (SBCW No.4941/2004) itself is without jurisdiction. In view of it I am not at all inclined to entertain this contempt petition. Accordingly, the same is dismissed. 2 The record of the writ petition is also tagged with the contempt petition and with consent of the parties the same is also heard today. The General Engineering Force being discharging sovereign functions is not an industry as defined under Section 2(j) of the Industrial Disputes Act, 1947, therefore, the reference of the industrial dispute by the appropriate government under the notification dated 8.6.2001 itself is bad in the eye of law. Accordingly, the reference made under the notification referred above ans also the award impugned dated 1.8.2003 in Labour Case No.280/2001 passed by the labour court, Jodhpur are declared bad in eye of law, and therefore, hereby quashed. The writ petition is allowed accordingly. However, it is open for the respondent to avail appropriate remedy against the order terminating him from services. (GOVIND MATHUR), J. Jgoyal