D N Banerji v P R Mukherjee
1953 SCR 30219531 min read
The case in brief30-second read
- Facts
- The Budge Budge Municipality dismissed two employees; their union raised a dispute and the tribunal ordered reinstatement.
- Issue
- Whether a municipality can be an 'industry' and the dispute an 'industrial dispute' under the Industrial Disputes Act 1947.
- Held
- A municipality carrying on activities analogous to trade or business, such as sanitation and conservancy, is an industry, and disputes with its employees in those activities are industrial disputes even without a profit motive. The award was upheld.
- Principle
- Profit motive and capital investment are not essential to an 'industry'.
Facts
- The Budge Budge Municipality dismissed two employees; their union raised a dispute and the tribunal ordered reinstatement.
Issue
- Whether a municipality can be an 'industry' and the dispute an 'industrial dispute' under the Industrial Disputes Act 1947.
Held
- A municipality carrying on activities analogous to trade or business, such as sanitation and conservancy, is an industry, and disputes with its employees in those activities are industrial disputes even without a profit motive. The award was upheld.
Cite this
Citation
D N Banerji v P R Mukherjee 1953 SCR 302Reported: https://api.sci.gov.in/jonew/judis/1091.pdf ; https://indiankanoon.org/doc/1785601/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.