LexALL INDIA RADIO versus SHRI SANTOSH KUMAR AND ANR. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
ALL INDIA RADIO
v.
SHRI SANTOSH KUMAR AND ANR. ETC.
FEBRUARY 5, 1998
B
[S.B. MAJMUDAR AND M. JAGANNADHA RAO, JJ.]
c
Labour Law:
Industrial Disputes Act, 1947 :
S.2 OJ-"Industry"-All India Radio and Doordarshan-Held, are
"industries" within the meaning of the section-Functions carried on by them
cannot be said to be confined to sovereign functions only-They carry on
commercial activities by charging fees.
Bangalore Water Supply and Sewerage Board etc. v. A Rajappa and
D other etc., [1978] 2 SCC 213 and General Manager Telecom v. A. Srinivasa
Rao and others, [1997) 8 SCC 767, relied on.
S.25-F-Linemen/workmenlcasual workers-Working in All India Radio
and Doordarshan-Termination/Non-regularisation of Held, violative of s. 25-
E F-Stay order vacated-Workmen to be reinstated with all benefits available to
them under the impugned orders.
Bombay Telephone Canteen Employees Association, Prabhadevi
Telephone Exchange v. Union of India and another, (1997) 6 SCC 723 and
Sub-Divisional Inspector of Post v. Theyyam Joseph and others, (1996) 8
p SCC 489, Held, overruled. In General Manager, Telecom v. A. Srinivasa Rao
..
and others, (1997) 8 sec 767.
'!"
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2423of1989
Etc.
From the Judgment and Order dated 13.11.86 of the Madhya Pradesh
G High Court in M.P. No. 1183 of 1982.
Ms. K. Amareswari, A. Subba Rao, Hemant Sharma, S.K. Dwivedi, P.
Parmeswaran and C. V. Subba Rao for the Appellant.
R. Venkataramani, Sr .. , Ms. K. Sarada Devi, Ranbir Yadav, M.P. Tha and
H Ram Ikbal Roy for the Respondents.
702
ALL INDIA RADIO v. SANTOSH KUMAR
703
}
The following order of the Court was delivered :
A
..
Leave granted in the S.L.Ps .
In this group of appeals, the common question which arises for our
consideration is to the effect whether the appellant-All India Radio and
Doordarshan, as the case may be, are 'industries' within the meaning of the B
said term as defined by Section 20) of the Industrial Disputes Act, 1947 ('the
Act' for short).
The respondent-employees were either clerks or linemen/watchmen and
other casual workers working at the relevant time as employees of either All
India Radio or Doordarshan kendras. In Civil Appeal No. 2423 of 1989 c
respondent no. I was Grade-II Clerk in Chattarpur Station of All India Radio.
In Civil Appeal No. 2135 of 1993 respondent-workman was casual Fitter-cum-
Watchman working at Doordarshan Kendra T.V. Relay Centre Dwarka, Gujarat,
while the contesting respondents in civil appeals arising out of S.L.P.(C)
Nos. 7722-7722A of 1993 were daily-rated workmen working at Doordarshan
Kendra, Ranchi. They had challenged their orders of termination or non- D
regularisation before the authorities constituted under the Act. Their termination
orders were set aside and regularisation was granted, as the case may be, to
the concerned respondents with consequential benefits. The writ petitions
filed before the High Court by All India Radio or Doordarshan Kendra, as the
case may be, were dismissed and that is how they are before us in these
appeals.
E
The solitary contention canvassed before us by the learned senior
counsel for the appellants is to the effect that All India Radio and Doordarshan
Kendra discharge sovereign functions of the State and they are not industries
within the meaning of Section 20) of the Act. Now, it has to be kept in view
•-
r
that as held by a Constitution Bench of this Court consisting of seven learned F
'Y
Judges in the case of Bangalore Water Supply and Sewerage Board etc. v.
)
A Rajappa and others etc., reported in [ 1978] 2 SCC 213, save and except the
sovereign function, all other activities of employers would be covered within
the sweep of term 'industry' as defined under Section 20) of the Act. The
functions which are carried on by All India Radio and Doordarshan cannot G
~
be said to be confined to sovereign functions as they carry on commercial
activity for profit by getting commercial advertisements telecast or broadcast
through their various kendras and stations by charging fees. Looking to the
functions of Doordarshan and its set up, as seen from Annexure-1 (annexed
to S.L.P. (C) Nos. 7722-7722A of 1993), being the extracts from Doordarshan
Manual Vol.I, it cannot be said that the functions carried on by them are of H
704
SUPREME COURT REPORTS
[1998] l S.C.R.
A purely sovereign nature. Day in and out advertisements are being telecast and
even serExcerpt shown. Read the full judgment & AI analysis in Lexace.