1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1219 OF 2000 M. M. Tiwari Vs. Transport Commissioner Maharashtra State & Another ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. A. D. Sonak AGP for respondents 1 & 2. CORAM: K. U. CHANDIWAL J. DATED: 13 th AUGUST, 2010. Counsel for the petitioner absent. Learned AGP for respondents 1 and 2. On 20th May 1977 the petitioner claims to be appointed as Junior Clerk. On 20th July 1986 he was placed under suspension, then the charge sheet was issued against him. In the enquiry based on the enquiry report punishment of bringing the petitioner at his lowest stage in time scale was inflicted. A complaint (ULP 876 of 1989) was filed. The learned Member Industrial Court did 2 not agree to the assertion of the employee complainant as according to him the respondent is not an industry. These orders are subject to criticism. It is settled law that to be within the ambit of an industry the activities of the Government department should be at-least analogous to trade or business. There should be some economic element of generation to be involved. Learned Judge rightly found the activities of the respondent remotely fit in the analogy of the industry. The ultimate result was, the respondent being not an industry within the meaning of Section 2(j) of the Industrial Disputes Act, entertaining the complaint has become incongruous. This finding of the learned Judge on evaluation of legal position cannot be said to be perverse. Writ Petition dismissed. No costs. JUDGE svk 3