ORDER D. M. Dharmadhikari, J. -- 1. This petition as directed against the order passed by the Member Judge, Industrial Court, Indore, whereby the Industrial Court refused to upheld the order passed by the Labour Court on the ground that the M.P. Public Health Engineering Department is not an industry covered by Item 16 of the Schedule to the M.P. Industrial Relations Act, 1960. 2. The facts leading to this case are as under :-- The petitioner was employed in Shahpur Water Project. By order 31.5.1980, his services were terminated because of remaining absent between 25.5.80 to 30.5.80. The petitioner challenged the said order before the Labour Court under section 31 read with section 61 of the M.P. Industrial Relations Act, 1960. The Labour Court recorded the evidence and gave an award in his favour, holding that the provisions of M.P. Industrial Relations Act, 1960 apply to the establishment of the Public Health Engineering Department of the State Govt. It was also held that the termination of the petitioner was not according to law. Termination of the petitioner amounted to illegal retrenchment and according to the standing orders, the petitioner was entitled to be taken back in service. 3. Against the order passed by the Labour Court the Department filed a revision before the Industrial Court. The Industrial Court vide para 4 of the order upheld the finding recorded by the Labour Court that the termination of the services for absence between 25.5.80 to 30.5.80 did not amount to misconduct. However, the Industrial Court reversed the finding given by the Labour Court that the Public Helath Engineering Department is covered by Entry 16 of the Schedule. . 4. The only question that falls for consideration by this Court is whether the Public Helath Engineering Department of the State is covered by Entry 16 of the Schedule to the Notification issued under section 1 (3) of the M.P. Industrial Relations Act, 1960. 5. Before construing the relevant Entry 16 of the Schedule to the Act, it would be necessary to examine the nature of the Legislation with its scheme and intent. The Preamble of the Act reads as under :- "An Act to regulate the relations of employees and employers in certain matters, to make provision for settlement of industrial disputes and to provide for certain other matters connected therewith." 6.
The Preamble of the Act reads as under :- "An Act to regulate the relations of employees and employers in certain matters, to make provision for settlement of industrial disputes and to provide for certain other matters connected therewith." 6. Section 1 contains the provisions showing the extent and commencement of the Act and reads as under ;- "1. Short title, extent and commencement- (1)xxxxxx (2)xxxxxx (3) This section and section 112 shall come into Force at once and the State Government may, by notification, bring an or any of the remaining provisions of this Act into force in respect of – (a) any or all industries or (b) undertakings in any industry wherein the number of employees, on any day, during twelve months proceding or on the date of the notification or on any day thereafter was or is more than such number as may be specified in such notification." 7. The Notification issued under section 1 (3) of the Act reads as under :- "(1) Notification regarding application of the Act - vide Notification No. 9952-XVI, dated 31st December, 1960 the State Government in exercise of the powers conferred by sub-section (3) of section 1 of the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960). The State Government hereby direct that all the provisions of the said Act other than section 112 and thereof shall come into force on the 31st December, 1960, in respect of undertaking in the industries specified in the schedule below wherein the number of employees on any date during twelve months preceding or on the date of the notification or any day thereafter was or is more than one hundred. SCHEDULE 1.Textile including cotton, silk, artificial silk, staple fibre, jute and carpet. 2. Iron and Steel. 3. Electrical goods. 4. Sugar and its by - products including (1) the growing of sugar cane on farms belonging to or attached to concern engaged in the manufacture of sugar; and (ii) all agricultural and industrial operations connected with the growing of sugar cane or the said manufacture. 5. Rice Mills• 6. Oil Mills. 7. Potteries. 8. Cement. 9. Lime Industry 10. Electricity generation and distribution. 11. Printing Press. 12. Paper and Straw Board. 13. Asbestos Cement. 14. Shellac. 15. Public Motor Transport. 16. Engineering including manufacture of Motor Vehicles. 17. Flour Mills. 18. Biscuit and Confectionary . 19. Glass. 20. Starch 21.
5. Rice Mills• 6. Oil Mills. 7. Potteries. 8. Cement. 9. Lime Industry 10. Electricity generation and distribution. 11. Printing Press. 12. Paper and Straw Board. 13. Asbestos Cement. 14. Shellac. 15. Public Motor Transport. 16. Engineering including manufacture of Motor Vehicles. 17. Flour Mills. 18. Biscuit and Confectionary . 19. Glass. 20. Starch 21. Vegetable Oil . 22. Rubber . 23. Ceramics including refractory goods, fire bricks, sanitary wares, inlatore, tiles, at-one ware, pipe and furnace lining bricks. 24. Chemical and Chemical products industry. 25. Non-metalic mineral product industry, 26. Aluminium Industry. 27. Gelatine Industry . 28. Leather and tenneries, including leather products . 29. fertilisers as specified in item 18 of the First Schedule to the Industries (Development and Regulation) Act, (LXV of 1951). 30. Druges and Pharmaceuticals specified in item 22 of the First Schedule to the Industries (Development and Regulation) Act, 1951 (No. LXV of 1951) . 31. Fermentation Industries as specified in item No. 26 of the First Schedule to the Industries (Development and Regulation) Act, 1951 (No. LXV of 1951) . 32. Manufacture of Dairy Products and its distribution. 8. It would thus be seen that the Act, which is a State Act, as expressed in its long title, is an Act regulating the relations of employees in certain matters, to make a provision for settlement of industrial dispute and to provide certain other matter connecting therewith it covers the same field which is covered by the Central Act. The subject matter of the two Acts (State as well as Central) falls under the concurrent list and as the State Act was assented to by the President, it displaced the application of the Central Act to the industries to which it (State Act) is applied by notification under section 1 (3). As the Central Act applies to all industries, its displacement by the State Act in relation to a particular industry has to show by a clear specification of the industry concerned in the notification issued under the State Act. In this back-ground, the notification under section 1 (3) of the State Act has to be construed in a limited sense. See SKMS Rajnandgaon v. M/s Hindustan Steel Ltd. 1 9.
In this back-ground, the notification under section 1 (3) of the State Act has to be construed in a limited sense. See SKMS Rajnandgaon v. M/s Hindustan Steel Ltd. 1 9. The scheme of the Act and Entry No. 16 "potteries" and Entry No. 60 "Cement" came for consideration and interpreted by a Division Bench of this Court in the case of R.N. Mishra v. The Works Manager Burn & Co. Ltd 2 and of Jamul Cement Works, Jamul v. President, State Industrial Court M.P. Indore and others (1) respectively. In the case of Burn & Co. (supra), the following observations of this Court are relevant for deciding the controversy before us :"Now, the M.P. Industrial Relations Act, 1960, which regulates the relations of employees in certain matters and makes provisions for settlement of industrial disputes and provides for certain other matters connected therewith, is not an Act dealing with a particular industry or an undertaking therein. It is not a technical enactment. It is a general statute regulating industrial relations in any or all industries or undertaking in any industry as may be notified. The Act being a general statue, the words used there in must be construed in their popular sense. Again, as the Act does not apply to all industries or undertaking there in but only to those which the Government may select for being governed by the Act the industries that may be specified in a notification under section 3(3) must be understood in a limited sense and not in a wider sense. " 2 1966 JLJ 308 = 1986 MPLJ 601. 10. In the case of Jamul Cement (supra), the entry "Cement" of the Schedule was construed in comparison to the entry "Engineering", which is for consideration before us, and it was observed thus :- "There is in the Schedule to the notification dated the 31st December, 1960 itself an indication to justify the view that the term "Cement" used therein cannot be given a wide connotation so as to include the constructional work of cement factory. In the Schedule "asbestos cement" and "engineering" have been separately specified.
In the Schedule "asbestos cement" and "engineering" have been separately specified. If it had been intended that the manufacture of cement should be understood in a wide sense so as to include manufacture of every kind of cement and also the construction of a cement factory then the separate enumeration of "asbestos cement" and "engineering" which clearly includes constructional work, become purposeless. In that case manufacture of asbestos cement would be included in the cement manufacturing industry and the constructional work of any factory in any industry would be included in the various industries specified in the Schedule. The fact the "engineering", which includes constructional work, is one of the industries specified in the Schedule to the notification, does not, however, lend to the conclusion that the workers employed by the petitioner on the constructional work are employees in an industry to which the Act applies. " 3 1968 JLJ 242 = 1968 MPLJ 95 . As has been held by the Division Bench cases of Burn & Co. Ltd. and Jamul Cement (supra), the Act being a general statute and not a technical enactment, the words used in the Act has to be construed in their popular sense. The dictionary meaning of the word "engineering" is :- "the art of science of making practical application of the knowledge of pure science as physics, chemistry, etc. as in the construction of engines, bridges, buildings, mines, chemical plants, and the like." (See "The Random House Dictionary of English Language). The more elaborate popular meaning of the word "Engineering" is to be found in Chamber's Encyclopedia, Vol. V. New Revised Edition, in which the word has been explained as :-"ENGINEERING, in the broader sense, is that branch of human endeavour by which the forces of nature are brought under human control and the properties of matter made useful in structures and machines." (underlining by us.) See also the meaning of word "engineering" from Encyclopedia Britannica, Vol- VI, Page 860 :- "Engineering is the professional art of applying science to he optimum conversion of the resources of nature to benefit-man. The words engine and ingenious are derived from the same Latin root, ingenerate, meaning" to ' create." The early English verb engine meant "to contrive". Thus, the engines of war were devices such as catapults, floating bridges and assault to wars, their designer was the "engineer", or military engineer.
The words engine and ingenious are derived from the same Latin root, ingenerate, meaning" to ' create." The early English verb engine meant "to contrive". Thus, the engines of war were devices such as catapults, floating bridges and assault to wars, their designer was the "engineer", or military engineer. His counterpart was the civil engineer, who applied the same knowlege and skills to devising structures, streets, water supplies, sewage systems, and other projects of benefit to civilians. Associated with engineering is a greater body of special knowledge, preparation for professional practice involves extensive training in the application of that knowledge. Standards of engineering practice are maintained through the efforts of professional societies, usually organised on a natural or regional basis, with each member acknowledging a responsibility to the public over and above responsibility to his employer or to other members of his society." See Corpus Juris Secundum, Vol. 30, Page 705:-- "ENGINEERING. The art and science by which the mechanical properties of matter are made useful to man in structures and machines. More specifically "engineering" is the planning and constructing of roads, bridges, rail roads, canals, aqueducts, machinery, and other similar works. Engineering work. Any work of construction or alteration or repair of a railroad, harbor, dock, canal or sewer any work of alteration of a railroad or of irrigation canals and laterals." Understanding the meaning of the word "engineering" on the basis of the dictionaries and Encyclopedia, which convey its popular meaning, we have to determine whether Public Health Engineering Department of the State is covered by the entry "engineering." In this case the Industrial Court had remanded the matter to the Labour Court for holding an enquiry into the nature of industry carried on in the Public Health Engineering Department where the petitioner was employed. From the evidence led by parties, it is not disputed that amongst one of its essential functions, the department is engaged in supply of water to public. For this purpose, the department sometime builds, dams, water reserviors; dig wells and tube-wells and lay pipe-lines for supply and distribution of water. Whether the above activities undertaken by the Public Health Engineering Department makes it an engineering industry.
For this purpose, the department sometime builds, dams, water reserviors; dig wells and tube-wells and lay pipe-lines for supply and distribution of water. Whether the above activities undertaken by the Public Health Engineering Department makes it an engineering industry. In the opinion of learned Member of the Industrial Court, the entry read in the context of other entries of the Schedule is relatable to such industries in which some manufacturing activity is carried on, resulting into production of goods. Prima faice, the expression "engineering" cannot be restricted to convey description of such industries engaged in manufacturing of engineering goods. It is true that in construing the entry, aid can be taken from the other entries in the Schedule. 11. In construing various entries in the Schedule to the Notification, it has to be kept in mind that they refer to a class of undertaking or industries to which the Act has been made applicable in terms of section 1 (3) of the Act. The entry "engineering", there fore, denotes the class of industries and undertakings therein engaged in activities of the description. As has been seen above, the entries have to be understood in a limited and popular sense to effectuate the intention of the Legislature, which is to make applicable the State Act by notifying certain industries and to displace the applicability of Central Act to such industries. With the aid of the dictionaries and Encyclopedia quoted above, the literal and popular meaning of the entry "Engineering" it is to be understood by addition of words in it as implied to read "Engineering" structures and machines. It is unreasonable to restrict its meaning to only such engineering industries where some kind of manufacturing activity is carried on for production of goods. 12. The learned Member of the Industrial Court in holding that the expression "engineering" would not include Public Health Engineering Department, appear to have been influenced mainly by consideration that the specification of industries or undertaking in various entries of the Schedule. e.g. textile, iron and steel, electrical goods, sugar and its products rice-mills, oil-mills, potteries, cement, lime end so on is with reference to the manufactured products in them and hence, the entry "engineering" has to be construed like-wise. 13. This reasoning apparently seems sound; but on closer scrutiny of the Schedule would be found unreasonable.
e.g. textile, iron and steel, electrical goods, sugar and its products rice-mills, oil-mills, potteries, cement, lime end so on is with reference to the manufactured products in them and hence, the entry "engineering" has to be construed like-wise. 13. This reasoning apparently seems sound; but on closer scrutiny of the Schedule would be found unreasonable. Entries, such as "electricity distribution" and "public motor-transport", are such industries also to be found in the Schedule to denote industries where no manufacturing activities may be carried on. 14. To construe a particular entry, specifying a kind of industry with reference to other industries of the Schedule, is, therefore, not a reasonable way of construing a particular entry and construction, as placed by the Industrial Court on the relevant entry, defeats the purpose of section 1 (3) of the Act to bring in a particular type of industry engaged in manufacture of goods or in works of other nature within the fold of the Act. 15. The second reasoning of the learned Member of the Industrial Court is that the expression "engineering" in association with the words used in the said entry and other entries of the Schedule denotes industries engaged in manufacture of machines and is to be understood as "Yantra Udyog". We do not find any justification to restrict the meaning of expression "engineering" to only industries engaged in manufacture of machines. As has been explained above, on the basis of dictionary meaning of the expression "engineering". It includes all activities involving practical use of science in machines and structures. Industries engaged in civil engineering activities, such as, construction of building, dams, mines, bridge and other civil works prima facie seem to be covered by the expression "engineering". Public Health Engineering Department, whose essential function is to build reservoir, dams, canals, dig well for maintaining supply and distribution of water to the public, cannot be held to be excluded from the said entry "engineering". 16. It appears that the learned Member of the Industrial Court was misled by the use of expression "including manufacture of Motor- Vehicles" which follow the terms "engineering" in the said entry. 17. Generally the word "include" is used in order to enlarge the meaning of words or phrases occurring in the body of the statute.
16. It appears that the learned Member of the Industrial Court was misled by the use of expression "including manufacture of Motor- Vehicles" which follow the terms "engineering" in the said entry. 17. Generally the word "include" is used in order to enlarge the meaning of words or phrases occurring in the body of the statute. In other words, the word in respect of which "includes" is used bears both its extended statutory meaning and its ordinary, popular and natural sense whenever that would be properly applicable. (See, Maxwell on• The Interpretation of statutes', Twelfth Edition at page 270). An interpretation clause, which extends the meaning of a word by use of word "includes", does not take away its ordinary meaning." An interpretation clauses of this kind is not meant to prevent the word receiving its ordinary, popular and natural sense whenever that would be properly applicable, but to enable the word as used in the Act, when there is nothing in the context or the subject matter to the contrary, to be applied to something to which it would not ordinarily be applicable," Sometimes a term is defined in an interpretation clause merely ex abundant cautela -- that is to say, to prevent the possibility of some incident or something relating to the term escaping notice." (See Craics on 'Statutes Law' Seventh Edition. At pages 214 and 215). Thus, it would be seen that an interpretation clause, which extends the meaning of word does not take away its ordinary meaning. The expression "including manufacture of motor vehicles" which follows the expression "engineering" does appear to be introduced by way of only abundant caution so that industries like automobile industries are not deemed to be excluded from the ambit of the expression "engineering" . 18. Having held that the public Health Engineering Department is an industry covered by the notification the question to be decided is whether the order of termination was illegal. Obviously for the absence from duty no enquiry was held, nor any retrenchment compensation was paid, even if, for the present? we may not construe whether under the rules any misconduct was committed, the finding recorded by the Labour Court is upheld and the finding of the industrial Court holding that the department is not covered by the notification is set aside. 19. Learned Advocate General argued that the petitioner being Govt.
we may not construe whether under the rules any misconduct was committed, the finding recorded by the Labour Court is upheld and the finding of the industrial Court holding that the department is not covered by the notification is set aside. 19. Learned Advocate General argued that the petitioner being Govt. servant, his remedy lay before the State Administrative Tribunal. This contention cannot be accepted since the Public Health Engineering Department of the State is also an industry as defined by the Act. The employee has an option to resort to any one of the remedies available to him under the Act or under the Administrative Tribunal Act, 1985. 20. In view of the discussion aforesaid, the order of the Industrial Court 12.11.84 (Annexure - J) is hereby quashed. Consequently, the order of the Labour Court dated 30.11.82 (Annexure - I) is restored and confirmed. The order of the Labour Court directing reinstatement with full back wages of the petitioner is hereby confirmed. The petitioner shall also get costs of this petition from the respondent-State. Counsel's fee Rs. 500/-, if certified.