2001 (8) TMI 1402 - SC - Indian Laws

Summary

Issues:
1. Whether the appellant institution is an industry.
2. Whether the artists employed by the institution are workmen.

Analysis:

Issue 1: Appellant as an Industry
The Bharat Bhawan Trust, established under the Bharat Bhawan Nyas Adhiniyam, 1982, aims to promote arts and manage Bharat Bhawan as a national center of excellence in creative arts. The Trust engaged creative artists for drama and theatre management. The dispute arose when the artists sought regularisation of their services. The Labour Court held that the Trust is an industry, but the High Court directed to decide on the preliminary objection. The Trust argued that being engaged in esthetic activities, it cannot be classified as an industry. The Trust cited precedents where activities requiring creative minds were not considered as industrial work. The artists contended that their creative work should be considered as falling within the definition of workmen.

Issue 2: Artists as Workmen
Under the Industrial Disputes Act, a workman is defined broadly to include various types of workers. The Trust argued that the artists, engaged in drama and theatre management, do not perform manual, unskilled, or clerical work, and hence cannot be considered workmen. The Trust emphasized the creative and artistic nature of the work done by the artists, which requires talent, technique, and artistic ability. The Trust relied on legal precedents to support its argument that artists should not be classified as workmen. The artists, on the other hand, argued that even skilled persons in creative fields can be considered workmen under the Act, citing relevant case law. They emphasized that the nature of their engagement and the activities they perform should qualify them as workmen.

In conclusion, the Supreme Court analyzed the definitions of industry and workmen under the Industrial Disputes Act. While the Court did not conclusively decide whether the Trust qualifies as an industry, it held that the artists employed by the Trust cannot be classified as workmen. The Court emphasized the creative and artistic nature of the artists' work, which distinguishes them from traditional manual, skilled, or clerical workers. The Court found the preliminary objection raised by the Trust to be valid and set aside the Labour Court's order.