INDIAN INSTITUTE OF ISLAMIC STUDIES v. DELHI ADMINISTRATION DELHI THR. ITS SECRETARY LABOUR
2007-07-26
SANJIV KHANNA
body2007
DigiLaw.ai
( 1 ) THE present appeal is directed against the order dated 6th July, 2007 passed by the learned Single Judge whereby the review application bearing RA no. 134/2007 filed by the appellant was dismissed. The appellant has also challenged in this appeal order dated 10. 11. 2006 passed by the learned Single judge dismissing the writ petition of the appellant. By the writ petition, the appellant herein had challenged award dated 29th September, 1987 passed by the labour Court. ( 2 ) LEARNED counsel for the appellant submits that the learned Single Judge and the Labour Court have erred in holding that the appellant is an industry. It is submitted by the learned counsel for the appellant that in the case of christian Medical College Hospital Employees Union and Anr. Vs. Christian medical College Vellore Association and Ors. , reported in (1987) 4 SCC 691 the supreme Court decided the question whether minority educational institutions are protected under Article 30 of the Constitution and enjoy any immunity under the industrial Disputes Act, and whether the said Act is applicable to minority institutions also. But the question whether educational institutions are 'industry' was not decided. ( 3 ) WE are unable to accept the aforesaid contention of the learned counsel for the appellant that the order passed by the learned Single Judge suffers from any infirmity. ( 4 ) WE have gone through the judgment and the award. The decision in the case of christian Medical College Hospital Employees Union and Anr. (supra), supports the conclusions arrived at by the learned Single Judge. However, the issues raised are squarely covered by the decision of the Full Bench of this Court rendered in cw No. 614/85 in the case of the appellant. The Full Bench in its judgment dated 20th September, 1991 relying upon Christian Medical College case (supra) has held that the Labour Court has jurisdiction to entertain a reference against minority institutions and educational institutions. ( 5 ) THUS the issues raised are covered by the Full Bench decision in the case of the appellant by which we are bound. We find no merit in this appeal and the same is dismissed.