Law:

Section:

Industrial Relations Ordinance (XXIH of 1969)---- --Ss. 2 (xix) & 25-A--"Industry" -Industrial Technical Institute imparting training, charging fee for training and selling machinery parts manufactured in process of training-Not an industry to make labour laws applicable- Grievance petition of employee of such Institution seeking re-instatement in service, held, rightly not enter­tained by Labour Court on grounds of jurisdiction. Muhammad Zaman Qureshi for Appellant. Javed Altaf for Respondent. Date of hearing :10th November, 1984. JUDGMENT The appeal captioned above challenges the correctness of the decision, dated 27th February, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No.1, Lahore, whereby the grievance petition of the appellant for his re-instatement in service was dismissed on merits as well as on the ground that the respondent being not an industry, the Court had no jurisdiction. 2. The appellant was a Clerk in the respondent Institute and was dismissed from service on the ground of absence for more than ten days without leave. It has been argued by the learned counsel for the appellant that since the respondent charges heavy tuition fee and prepares spare parts and other machinery and sells the same, it is an industry. The case of the respondent in this respect is that the respondent imparts training to the students and does not earn profit, so is not an industry. This is true that Rs. 1,65,000 were charged from the Government to impart training to 25 students but this amount does not appear to be exorbitant. The fee per student comes to Rs. 6,600. This amount was not charged per month but for the whole period of training. If the period of training was six months, then fee comes to Rs. 1,100 p. m. which in these hard days is not much. Rs. 1,65,000 were charged as fee for six students for six months, which per month comes to Rs. 2,750. Fee per student comes to Rs. 458.33 only. This is true that spare parts are prepared and other machinery is manufactured and sold. For imparting practical training to the students, manufacturing of machinery is necessary. After it is prepared, it has to be sold and it would be unwise to…

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