D. N. BANERJI versus P. R. MUKHERJEE AND OTHERS

D. N. BANERJI versus P. R. MUKHERJEE AND OTHERS

Disputes between municipalities and their employees in activities analogous to trade or business fall within the scope of 'industrial dispute' as defined by the Industrial Disputes Act, 1947; the Act is valid and applicable, and reference to Tribunal was legal.

Parties
Appellant: D. N. Banerji; Respondents: P. R. Mukherjee and Others
Jurisdiction
India
Judgment Date
05 December 1952
Procedural Posture
Civil Appellate / Appeal From High Court Under Article 132(1) of the Constitution
Outcome
appeal dismissed
Legal Topics
Scope of 'industry' Under Industrial Disputes Act, Municipalities as Industry, Reference of Dispute to Industrial Tribunal, Concurrent Powers of Legislation
Labour Law Industrial Law Constitutional Law Scope of 'industry' Under Industrial Disputes Act Municipalities as Industry Reference of Dispute to Industrial Tribunal Concurrent Powers of Legislation

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Parties

D. N. Banerji

Appellant

P. R. Mukherjee and Others

Respondents

Procedural Posture

Civil Appellate / Appeal From High Court Under Article 132(1) of the Constitution

Legal Issues

  1. 1 Whether dispute between municipality and its employees is an 'industrial dispute' under the Industrial Disputes Act, 1947
  2. 2 Whether Industrial Disputes Act, 1947 applies to municipalities
  3. 3 Whether the Act is ultra vires due to invasion of provincial field of legislation

Ratio Decidendi

Disputes between municipalities and their employees in activities analogous to trade or business fall within the scope of 'industrial dispute' as defined by the Industrial Disputes Act, 1947; the Act is valid and applicable, and reference to Tribunal was legal.

Court Disposition

appeal dismissed

Orders

  • Order of High Court affirmed.
  • Appeal dismissed with costs, only one set to be shared between respondent 2 and respondent 3.