THE NATIONAL UNION OF COMMERCIAL EMPLOYEES AND ANOTHER versus M. M. R. MEHER, INDUSTRIAL TRIBUNAL, BOMBAY AND OTHERS

THE NATIONAL UNION OF COMMERCIAL EMPLOYEES AND ANOTHER versus M. M. R. MEHER, INDUSTRIAL TRIBUNAL, BOMBAY AND OTHERS

A firm of solicitors is not an industry under s. 2(j) of the Industrial Disputes Act, 1947, as the work is essentially individual, lacks the essential direct co-operation between capital and labour, and falls within liberal professions excluded from 'industry'; therefore, disputes between its employees and the firm are not industrial disputes under the Act, and references to Industrial Tribunals are incompetent.

Parties
Appellants: The National Union of Commercial Employees and Another; Respondents: M. R. Meher, Industrial Tribunal, Bombay and Others (including Pereira, Fazalbhoy & Co. and the Incorporated Law Society)
Jurisdiction
India
Judgment Date
13 February 1962
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated November 20, 1958, Bombay High Court; Certificate Issued by High Court; Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Definition of Industry Under Industrial Disputes Act, 1947, Liberal Professions and Industrial Disputes, Professional Services as Industry
Labour Law Industrial Law Definition of Industry Under Industrial Disputes Act, 1947 Liberal Professions and Industrial Disputes Professional Services as Industry

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

The National Union of Commercial Employees and Another

Appellants

M. R. Meher, Industrial Tribunal, Bombay and Others (including Pereira, Fazalbhoy & Co. and the Incorporated Law Society)

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated November 20, 1958, Bombay High Court; Certificate Issued by High Court; Appeal Before Supreme Court

Legal Issues

  1. 1 Whether a firm of solicitors is an 'industry' within the meaning of s. 2(j) of the Industrial Disputes Act, 1947
  2. 2 Whether disputes between employees and such firm constitute 'industrial dispute' under the Act
  3. 3 Applicability of 'industry' definition to work of liberal professions

Ratio Decidendi

A firm of solicitors is not an industry under s. 2(j) of the Industrial Disputes Act, 1947, as the work is essentially individual, lacks the essential direct co-operation between capital and labour, and falls within liberal professions excluded from 'industry'; therefore, disputes between its employees and the firm are not industrial disputes under the Act, and references to Industrial Tribunals are incompetent.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs