High CourtsDivision Bench(2010) 10 GUJ CK 0072

Indravadan N. Adhvaryu vs Laxminarayan Dev Trust

Gujarat High Court · Decided on 25 October 2010 · Citation: (2011) 128 FLR 587

HON’BLE JUDGES
S.J. Mukhopadhaya, C.J · Anant S. Dave, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 2386 of 2010 in Special Civil Application No. 5792 of 2010

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Judgment

2 paragraphs · 173 words

S.J. Mukhopadhaya, C.J.—The Petitioner, who was working in Dholera Swaminarayan Temple of the Respondent Trust raised an industrial dispute before the Labour Court, Nadiad, being Reference (LCN) No. 842/90, on the ground that his service has been terminated on 25.11.1989 without following the provisions of Section 25-F of the Industrial Disputes Act. The Labour Court, Nadiad having dismissed the case, he moved before this Court, but learned Single Judge refused to entertain the prayer, as the Trust of the temple is not falling within the definition of industry as contained in Section 2(gg), (j) of the Act.

2.

Learned Counsel appearing on behalf of the Appellant would contend that the Respondent Trust is also maintaining balance-sheet and is indulging in certain activities and therefore, it is an industry, but such submission cannot be accepted as the temple run by the Trust is not involved in any business nor undertaking any manufacturing activity to include it within the definition of ''industry''. We find no merit in this appeal. It is accordingly dismissed. No costs.