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2000 (9) TMI 930 - SC - Indian LawsWhether the appellant, an Agricultural Produce Market Committee established under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 is an ‘industry’ as contemplated under the Central Act ? If yes, Will not employee under the State Act would be governed by the Central Act ? Will not the State Act override the Central Act for the reason, the State Act received the assent of the President of India, hence the Central Act would be inapplicable to the employees governed by the State Act ? Held that:- Appeal dismissed. In view of the settled legal principle the width of ‘industry’ being of widest amplitude and testing it in the present case, in view of the preamble, Objects and Reasons and the scheme of the Act, the pre-dominant object clearly being regulation and control of trading of agricultural produce, thus appellant-committee including its functionaries cannot be said to be performing functions which are sovereign in character. Most of its functions could be undertaken even by private persons. Thus the appellant would fall within the definition of ‘industry’ under section 2(j) of the Central Act. In view of this, we uphold that respondent-employees are ‘workman’ under the Central Act as held by the Labour Court and confirmed by the High Court. The Labour Court has dealt with each individual cases and came to the conclusion in favour of respondent-employees which has also been confirmed by learned Single Judge and Division Bench of the High Court, which does not call for any interference
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