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2007 (12) TMI 544 - SC - Indian Laws

Issues involved: Challenge to order upholding termination, interpretation of Section 2(s) of the Industrial Disputes Act, 1947.

Termination Challenge:
- Respondent terminated from service, claimed violation of Section 25G of the Act.
- Dispute referred to Labour Court regarding the validity of termination.
- Appellant argued Law department not an industry.
- Labour Court and High Court upheld termination, considering Law department as an industry.
- Division Bench affirmed Labour Court's view based on Section 2(s) of the Act.
- Appellant contended Law department not an industry, pending larger Bench consideration.
- Courts failed to justify Law department as an industry, citing precedents and principles.
- Emphasized importance of analyzing decisions and isolating ratio decidendi.
- Stressed that judgments are not statutes and must be interpreted in context.
- Precedents should guide justice path, avoiding blind reliance without considering factual differences.
- Accepted concept of industry does not apply to Government's Law department.
- Orders held indefensible, but respondent reinstated, leaving decision on continuation to appellant.
- Appeal allowed without costs.

 

 

 

 

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