JUDGMENT : ( 1. ) THE Management of All India Radio, Chattarpur has filed this petition under Articles 226 and 227 of the Constitution against the award given by the Central Government Industrial Tribunal-cum-Labour Court at Jabalpur dated 2-8-1983, on a reference by the Central Government, directing reinstatement of respondent No. 2 Santosh Kumar Gupta, in service with back wages and other emoluments. The respondent No. 2, Santosh Kumar Gupta, was appointed by the Station Director of the All India Radio, Chattarpur as a Grade II Clerk in a temporary capacity on ad hoc basis on 4-5-1979 and he continued in service till 31-12-1980 since when his services were terminated. The respondent No. 2 then applied to the Central Government for a reference being made to the Tribunal against his termination saying that he was continuously working for more than 240 days and as such his termination amounted to retrenchment within the meaning of Section 25-F of the Industrial Disputes Act, 1947 and his termination is, therefore, illegal and void as he has not been paid any compensation as required under this provision. ( 2. ) THE Central Government referred the following question for decision of the Tribunal. "whether the action of the management of All India Radio, Chattarpur (M. P.) in terminating the services of Shri Santosh Kumar Gupta, S/o Shobhalal, Clerk, with effect from 31-121980 without assigning any reason is justified ? If not, to what relief the workman is entitled". The management raised an objection before the Tribunal that it is not an industry within the meaning of Section 2 (j) of the Industrial Disputes Act as its main functions are to educate, to broadcast information and cultural programmes and as such respondent No. 2 could not be a workman under Section 2 (s) of the Act. It was further contended that the respondent No. 2 was appointed temporarily on ad hoc basis and merely granting annual increment would not confer any right on him and, therefore, no relief could be granted to him. The Tribunal found that All India Radio, Chattarpur is an industry under the Industrial Disputes Act and is covered by the decision of the Supreme Court in Bangalore Water Supply v. A. Rajappa 1978 (36) FLR. 266: AIR 1978 SC 969. The Tribunal found that All India Radio, Chattarpur is an industry under the Industrial Disputes Act and is covered by the decision of the Supreme Court in Bangalore Water Supply v. A. Rajappa 1978 (36) FLR. 266: AIR 1978 SC 969. Since the respondent No. 2 was serving continuously for more than 240 days, his services could not have been terminated without complying with Section 25 F of the Act; and as such his termination amounts to retrenchment and being contrary to the provision is void and inoperative and so directed his reinstatement with back wages and other emoluments. ( 3. ) THE only contention raised by the learned counsel for the petitioner is that since the service of the respondent No. 2 is governed under Article 311 of the Constitution and the Rules framed under Article 309, he could not be governed by the provisions of the Industrial Disputes Act. On the other hand, the learned counsel for the respondent No. 2 submitted that in the absence of any rule expressly or by necessary implication excluding the operation of the provisions of Industrial Disputes Act, his services would continue to be governed by the Act, notwithstanding any service rules framed under Article 309 of the Constitution. Both the counsels for the parties relied on the decision of the Supreme Court in Bangalore Water Supply v. A. Rajappa (Supra ). Industry has been defined in Section 2 (j) of the Act as meaning any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. This definition has been narrowed down and certain services have been excluded from the purview of "industry" by Amending Act No. 46/82. But this new definition of Industry has not been brought into force so far. However, the definition of workmen under Section 2 (s) has been further enlarged to cover the supervisory staff whose wages do not exceed Rs. 1600/- per month instead of Rs. 500/- per month earlier. These amendments were made in pursuance to the observation of the Supreme Court in the Bangalore Water Supply case (Supra) that the Government might restructure the definition of Industry by suitable legislative measures. However, the present case is governed by the old provision. 1600/- per month instead of Rs. 500/- per month earlier. These amendments were made in pursuance to the observation of the Supreme Court in the Bangalore Water Supply case (Supra) that the Government might restructure the definition of Industry by suitable legislative measures. However, the present case is governed by the old provision. The Supreme Court in the aforesaid case has held notwithstanding the width of the definition of the word Industry, certain activities must be, for other compelling reasons, kept out, i. e. the sovereign functions of the State must be kept out of the scope of Industry, which are the primary and inalienable functions of a constitutional Government. In any case it is open to Parliament to make law which governs the States relations with its employees. Articles 309 to 311 of Constitution of India, the enactments dealing with the Defence Forces and other legislation dealing with employment under statutory bodies may, expressly or by necessary implication, exclude the operation of the Industrial Disputes Act. In the present case no such rule has been brought to our notice which expressly or by necessary implication exclude the employees of the All India Radio, from the operation of the Industrial Disputes Act. The Supreme Court has further held that the word Industry has a wide import involving (i) systematic activity, (ii) organised by co-operation between employer and employee, and (iii) for production or distribution of goods and services calculated to satisfy human wants and wishes {not spiritual or religious ). A Full Bench of the Bihar High Court in Bijay Kumar v. State of Bihar 1983 (31) BLJR, 536 (Pat. F. B.) while considering the aforesaid Supreme Court case held that if there are enactments or rules framed under Article 309 of the Constitution, which either expressly or by necessary implication excludes the operation of the Industrial Disputes Act, no question of applicability of the provisions of the Act arises. The mere fact that there is a Service Code dealing with some of the aspects of the employer-employee relationship between the Government and its employee does not amount by necessary implication to the exclusion of the provisions of the Act to Government departments. The mere fact that there is a Service Code dealing with some of the aspects of the employer-employee relationship between the Government and its employee does not amount by necessary implication to the exclusion of the provisions of the Act to Government departments. Therefore, it is clear that employees of the All India Radio came within the definition of the word Industry as defined in Section 2 (j) of the Industrial Disputes Act, 1947 and respondent No. 2 was a workman under Section 2 (s ). As the termination of the respondent No. 2 amounts to retrenchment as being contrary to Section 2 5-F of the Act, it is void and invalid and rightly he has been directed to be reinstated with back wages and other emoluments. ( 4. ) THEREFORE, the petition fails and it is dismissed with costs. Counsels fee Rs. 150/- if certified. The outstanding amount of security, if any, be refunded to the petitioner. ?