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TMI Blog1959 (11) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... nown as the Chini Mill Karamchari Sangh, Ghughli (hereinafter referred to as the Sangh). Some time in the year 1953 the Sangh raised a dispute in respect of the wages of six employees of the appellant, namely, Lakhan, Hansi, Sagni, Bansu, Tribeni and Rama. The State Government, by G. O. No. 1208(LC)/XVIII-LA-5/41 (GR)/1953, dated the 6th April 1953, referred the dispute to adjudication by Sri J. N. Khanna, Adjudicator, in accordance with the provisions of Sections 3, 4 and 8 of the U. P. Industrial Disputes Act, 1947. Before the Adjudicator the principal contention of the appellant was that these six employees were not workmen within the meaning of the Act as they were the personal domestic servants of officers of the company and that, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amus commanding the State of Uttar Pradesh and the Regional Conciliation Officer, Gorakhpur, to forbear from enforcing the Tribunal's order dated 31-5-1955 and the Adjudicator's award dated 1st July 1953. The petition was heard by Mr. justice Chaturvedi who dismissed it by the order, the subject of the present appeal, 5. At the threshold of the hearing of the appeal the respondents raised a preliminary objection. It was contended that the Tribunal has long since ceased to exist, that the record of Appeal No. 339 of 1953, in which the Tribunal passed the impugned order dated 31-5-1955, was not in the control Or custody of any person or authority within the territorial jurisdiction of this Court, which could not, therefore, issue a wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... desh and the Regional Conciliation Officer, Gorakhpur, could not enforce a void order of the Tribunal, and they could be restrained by this Court from enforcing the said order notwithstanding that the Tribunal had become extinct and the record of Appeal No. 339 of 1953 was lodged outside the territorial jurisdiction of this Court. 7. It was held by this Court in the case of Ch. Moinuddin v. Deputy Director Military Lands and Cantonments, Eastern Command AIR 1956 All 684, that where an order of an authority, who was not resident within the territorial jurisdiction of this Court, was absolutely null and void, it could be ignored and the authority, who intended to enforce the void order, could be restrained if he were resident within the terri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing the principle laid down in these cases we accordingly proceed to determine whether the dispute referred to adjudication in the instant case was an 'industrial dispute.' The Tribunal has found that all the six employees, whose cases were referred for adjudication by the State of Uttar Pradesh, were on the pay-roll of the appellant. The appellant paid them their monthly wages and bonus. Their names were entered in a printed daily attendance register, maintained by the appellant, and called the Officers' servants' attendance register. It has also been found that the appellant's time-keeper marked their attendance on the attendance register, and that the appellant also gave them some leave, although the rules govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eward 10. A person will not therefore be a 'workman' unless he (1) is employed (2) in an industry (3) to do skilled or unskilled manual or clerical work, and (4) for hire or reward. Learned counsel for the appellant concedes that the six employees in the case before us fulfilled the requirements Nos. (1), (3) and (4). He has accepted the findings recorded by the Tribunal and does not dispute that there did exist a jural relationship of master and servant between the appellant and the six employees, and that the latter were engaged to perform unskilled manual work on payment of regular wages. It is, however, strenuously contended that they were not employed in any industry. In other words, they were not workmen, because they were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice, and a third in what may be described as the peripheral service. The location of the workers is, however, of no material consequence, because all of them would contribute, directly or indirectly, to the ultimate planned result. 12. The six employees in the present case were attached to the residential quarters of some of the appellant's officers. There they were rendering domestic service and administering to the comforts of the officers. They would, therefore, fall in the category of peripheral service, and the foregoing discussion leads us to the inevitable conclusion that they were employed in the industry of the appellant. They were, therefore, workmen within the meaning of the term workman in the Act. Their wage-dispute woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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