Case Details

Citation(s)
1976 SLG 887 1976 SLD 887 1976 PLC 675
Lahore High Court
Writ Petition No. 1210 of 1973, decided on 10th May 1976.
SHAFI-UR-REHMAN., J

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K. G. OLD, PRINCIPAL, CHRISTIAN TECHNICAL TRAINING CENTRE, GUJRANWALA

VS

PRESIDING OFFICER, PUNJAB LABOUR COURT, NORTHERN ZONE AND 6 OTHERS

Law:

Section:

1976 P L C 675 [Lahore] Before Shafi-ur-Rehman. J K. G. OLD, PRINCIPAL, CHRISTIAN TECHNICAL TRAINING CENTRE, GUJRANWALA Versus PRESIDING OFFICER, PUNJAB LABOUR COURT, NORTHERN ZONE AND 6 OTHERS Writ Petition No. 1210 of 1973, decided on 10th May 1976. (a) Industrial Relation Ordinance (XXIII of 1969)- --- S, 2(xiv)-Word "industry" - Definition - Words "business", "trade", "manufacture", "calling", "service", ''occupation" used in definition-Held, to be of widest amplitude and include in their sweep every conceivable human activity other than casual, recreational or a past time-Such expressions apply to any organised and systematic enterprise depending substantially on co-operation between labour and capital and having as its object production, distribution and consumption of wealth or production or provision of material services-Enterprise to be looked at as a whole to find out its raison d'etre end any incidental, ancillary or an adjunct part thereof cannot determine character of whole-Educational and training establishment maintaining an industrial unit (workshop), rendering services on payment, advertising its product and being an incidence of vocational education and of training programme designed to ensure job opportunities to trainees-Held, what is incidental to main purpose of such establishment cannot detract from its being an educational institution-Orders of Labour Court treating workshop of such establishment not to be a part of educational process or educa­tion to be an "industry" for purposes of Industrial Relations Ordi­nance declared to be without lawful authority. Given their plain ordinary dictionary meaning words used to define Industry, words which have been always, and are even now, a part of the definition, viz., Business. Trade, Manufacture, Calling, Service. Occupation are of the widest amplitude and include in their sweep every conceivable human activity which is not casual, recreational or a past time. Literal con­struction certainly leads to that end and to no other. However, one accepted principle of interpretation is that use in a statute, amending or other­wise, of a term which has received a judicial construction gives rise to the…
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