THE EXECUTIVE ENGINEER versus K. SOMASETTY AND ORS.

THE EXECUTIVE ENGINEER versus K. SOMASETTY AND ORS.

The State functions as a sovereign and is not an 'industry' under the Industrial Disputes Act. Closure of the project and appointment of the respondent on daily wages does not entitle him to reinstatement or continuity of service.

Parties
Appellant: THE EXECUTIVE ENGINEER (STATE OF KARNATAKA); Respondents: K. SOMASETTY AND ORS.
Jurisdiction
India
Judgment Date
02 May 1997
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Definition of 'industry', Daily Wage Employment, Closure of Project, Reinstatement, Sovereign Function
Labour Law Definition of 'industry' Daily Wage Employment Closure of Project Reinstatement Sovereign Function

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Parties

THE EXECUTIVE ENGINEER (STATE OF KARNATAKA)

Appellant

K. SOMASETTY AND ORS.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the State is an 'industry' under the Industrial Disputes Act, 1947
  2. 2 Whether a daily wage employee is entitled to reinstatement on closure of the project

Ratio Decidendi

The State functions as a sovereign and is not an 'industry' under the Industrial Disputes Act. Closure of the project and appointment of the respondent on daily wages does not entitle him to reinstatement or continuity of service.

Court Disposition

appeal allowed

Orders

  • Order of the Labour Court set aside
  • Order and judgment of High Court set aside