Supreme Court of India

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'.
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Facts

  • The Budge Budge Municipality dismissed two employees; their union raised a dispute and the tribunal ordered reinstatement.

Issue

  1. 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 302

Reported: 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.