BHARAT BHAWAN TRUST versus BHARAT BHAWAN ARTISTS ASSOCIATION AND ANR.

Citation: [2001] SUPP. 2 S.C.R. 27 · Decided: 22-08-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

-~ 
J 
I 
BHARAT BHA WAN TRUST 
V. 
BHARAT BHAWAN ARTISTS ASSOCIATION AND ANR. 
AUGUST 22, 2001 
[S. RAJENDRA BABU AND SHIVARAJ V. PATIL, JJ.]· 
Labour Laws; 
Industrial Disputes Act, 1947 : 
Section 2(s)-"Workman "-Who is--An artist engaged in an institution 
for promotion of art and culture-Not indulged in any manual, unskilled or 
technical, operational or clerical work-Held, cannot be termed as 
"workman'.'-Bharat Bhawan Nyas Adhiniyam, 1982. 
A 
B 
c 
Section 20)-"Industry"-Scope of-Requirements of Section 20) of the D 
Act and the tests laid down by Supreme Court in Bangalore Water Supply's 
case must be satisfied-Trust engaged in promotion of art and culture-Held, 
whether it is as an industry need not be finally decided in the instant case-
Bharat Bhawan Nyas Adhiniyam, 1982. 
Words & Phrases: 
"Workman"-Meaning of in the context of Section 2(s) of the Industrial 
Disputes Act, 1947. 
E 
"Indust1y"-Meaning of in the context of Section 2(/) of the Industrial F 
Disputes Act, 1947. 
Appellant-Trust, an institution established for promotion of art and 
preservation of artistic talent, engaged respondent-artists for the purpose of 
production of drama and theatre management alongwlth other ancilliary 
duties. The respondent-artists raised a dispute before the Labour Court in G 
which preliminary objection was raised by the Trust that it was not an 
"industry" and that the artists were not "workman" under the Industrial 
Disputes Act, 1947. The said objection having been dismissed, the Trust 
preferred the present appeal. 
On behalf of the appellant it was contended that by no stretch ·or H · 
27 
28 
SUPREME COURT REPORTS [2001] SUPP. 2 S.C.R. 
A imagination the appellant could be characterised as an "industry", which is 
engaged in an aesthetic activity; that the incidental activity entrusted to the 
respondent artists were all connected with the production of drama and 
theatre management and, therefore, cannot be taken to be a separate activity 
... 
to class them as "workmen". 
B 
Allowing the appeal, the Court 
HELD: I. I. An artist engaged in the production of drama or in theatre 
management or to participate in a play can by no stretch of imagination be 
termed as "workman" because he does not indulge in any manual, unskilled 
c 
or technical, operational or clerical work, though he may be skilled, it is not 
such a work which can be read ejusdem generis along with other kinds of 
work mentioned in the definition. [33-D-E) 
• 
1.2. The work that the respondent artists perform is in the nature of a 
creative art and their work is neither subject to an order required from the 
D Art Director nor from any of the artists. An artist must be distinguished from 
a skilled manual worker by the inherent qualities, which are necessary in an 
artist, allied to training and technique. In the instant case, firstly, no goods 
and services are being produced, secondly the acting that is done is not for 
the business of another. There is a mere expression of creative talent, which 
is part of freedom of expression. The other works, apart from acting that is 
E entrusted to them is only ancillary to the main work and thus the respondents 
are not 'workmen'. (33-G-H; 34-A, D-EJ 
H.R. Advanthaya and Ors. v. Sandoz (India) Ltd and Ors., (1994( 5 SCC 
737, followed. 
F 
TP. Srivastava v. Mis. National Tobacco Co. of India Ltd, f 1992( I SCC 
281 and Hussinabhai v.Alath Factory Tezhila/i Union., 1978 (Lab IC 1264 SC), 
relied on. 
2. In order to hold the appellant trust to be an "industry", it must satisfy 
_
G 
the requirements of Section 2 (j) of the Act, and the tests laid down by this 
court in Bangalore Water Supply's case. On perusal of objectives of appellant-
t 
Trust it is clear that it is engaged only in the promotion of art and preservation 
of artistic talent. Such activities are not one of those in which there can be a 
large scale production to involve the cooperative efforts of the employer and 
the employees nor can it be said that the production of the plays will be a 
H systematic activity to result in some kind of service. Therefore, it is doubtful, 
BHARAT BHA WAN TRUST•·. BHARAT BHAWAN ARTISTS ASSOCIATION. [RAJENDRA BABU, J.) 29 
inspite of the wide connotation given to "industry" in Bangalore Water Supply's A 
case if the appellant can be classed as an 'industry under the definition given 
under Section 2(j) of the l.D. Act. Thus, this aspect need not be finally decided 
in the instant case. 132-E-H; 33-AI

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