Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 137 of 2006 (Old No.9438 of 1991) The Director, Irrigation Research Institute, Roorkee, District Hardwar. …………….. Petitioner Versus Jal Vigyan Anusandhan Karmachari Union, Bahadarabad, Hardwar through Sri HariShanker Jauhari and another. …………. Respondents. …………………. Sri Gopal Narain, leaned Brief Holder for the State on behalf of petitioner. Sri Dinesh Gahtori, learned counsel for the respondent No.1. Date: July 24,2008. Hon’ble P.C.Verma,J. By means of this petition the petitioner has challenged the award dated 25.05.1990 passed by Industrial Tribunal, Meerut, contained in Annexure No. VIII to the writ petition. 2. Brief facts of the case are that 57 workmen applied for regularization of their services on the basis that they are workmen as defined under the Industrial Disputes Act, 1947. The Department concerned is Industry and the workmen worked for more than 240 days. They are entitled to be regularized on the posts which they are holding. The dispute was referred by the Government of Uttar Pradesh to the Industrial Tribunal, U.P. Meerut for adjudication under Section 4-K of the 2 U.P. Industrial Disputes Act, 1947. Case was registered as Adjudication Case No.12 of 1985. Both the parties contested the case. Before the Industrial Tribunal the claimants/workmen took the plea that the Department is an Industry therefore, the persons working in the Department are entitled to be regularized. On the contrary the main grounds taken in the defence by the employer was that the Irrigation Research Institute is a Department of the Government of U.P. and is not an Industry as defined under the Act. The Industrial Tribunal framed the issue on the pleading taken by the parties that “whether the Irrigation Research Institute comes under the definition of Industry and the employees are workmen under the Industrial Disputes Act.” This issue was decided in favour of the employees/workmen and against the employer by the Industrial Tribunal in view of law laid down by Hon’ble Supreme Court in the case of Bangalore Water Supply and Sewerage Board versus A. Rajappa, reported in A.I.R. 1978, S.C., 548 in which the larger Bench of the Apex Court has held that Irrigation Department is an Industry and Research Institute run by the Irrigation Department is an Industry. 3. I have heard the learned counsel for the parties and perused the impugned award. The Tribunal held that all these workmen have been working for a number of years. The nature of work on which these workmen were employed is also of perennial nature. In view of the settled position of law it has rightly been held by the Tribunal that the respondents are workmen within the meaning of provisions of U.P. Industrial Disputes Act. 3 I find no illegality and perversity in the award passed by the Industrial Tribunal 4. Thus, the writ petition has no force and is dismissed. No order as to costs. (P.C.Verma,J.) 24.07.2008 P.singh