TMI Blog2001 (8) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... Bharat Bhawan to mean the structure for multi-arts centre built in Bhopal and includes the premises described in the Schedule with all buildings contained therein together with all additions thereof which may be made after the commencement of the Act. Under the Schedule to the Act, apart from describing the boundaries thereto, it has been described to include 1. Roopankar, the Museum of Fine Art, 2. Madhya Pradesh Rangmandal, the theatre repertory, 3. Vagarth, the Library of Indian Potry, and 4. Anhad, the Library of Music. Mr. B.V.Karant was appointed as the Director of the Rang Mandal and thereafter he was succeeded by Mr. Habeeb Tanveer, another eminent theatre personality as the Director. The appellant entered into an agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by an order made on 16.10.1997 directed the Labour Court to decide the preliminary objection raised by the appellant on the basis of the documents filed by the parties before the Labour Court. The Labour Court made an order on 17.1.1998 holding on the basis of the documents filed by the parties that the appellant is an industry and the artists are workmen. This order is in challenge in this appeal. Dr. L.M.Singhvi, learned senior Advocate appearing for the appellant, submitted that the appellant is a unique institute of its kind in the country set up by the Government of Madhya Pradesh where all forms of arts such as performing art, fine art, music, drama, poetry and tribal arts are preserved, promoted and developed. He submitted that al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate appearing for the respondent artists, submitted that considering the period for which the services of the respondent artists were engaged, the nature of the activities carried on by them, even though to some extent creative is not by itself sufficient to state that they fall outside the scope of the definition of a workman and strongly relied upon the decision of the Bombay High Court in 1959 (1) LLJ 78, wherein a set-up was available to provide instrumental music on occasions like weddings or similar functions and those who were engaged in playing the band or the music were held to be workmen. He, therefore, submitted that the rationale adopted in that case may also be adopted by us. Relying upon the decision in H.R.Adyanthaya Ors. v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not leave the entity outside the scope of the definition of industry. There have been innumerable decisions following the said decision, which have taken a broad view of the definition of industry. Following the tests laid down in BWSSB vs. A.Rajappas case [supra], this Court in Suresh Kumar v. Union of India [1989] II LLJ 110, held that an institution of Yoga was an industry. In BWSSB vs. A.Rajappas case [supra], this Court, however, qualified the dictum by explaining that where a complex of activities some of which qualify for exemption, others not, involves employees on the total undertaking, some of whom are not workmen, or some departments are not productive of goods and services, and the integrated nature of the departments will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard, whether the terms of employment be express or implied, and for the purposes of of any proceeding under this ac, in relation to an industrial dispute, includes any such person who has been dismissed ,discharged, or retrenched in connection with or in consequence of that dispute, or whose dismissal, discharge or retrenchment has led to that dispute but does not include.. 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 they do not indulge in any manual, unskilled or technical, operational or clerical work, though they may be skilled, it is not such a work which can be read ejusdem generis along with other kinds of work mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... technique. We derive support for this proposition from T.P.Srivastava vs. M/s National Tobacco Co. of India Ltd.s case [supra] wherein section salesman employed for canvassing and promoting sales of companys products in an area could not be put under the category of workman. There is no question of any work being given to them because the work of an artist is essentially creative, and freedom of expression is an integral part of it. In Hussianbhai v Alath Factory Tezhilali Union, [1978] Lab IC 1264 (SC), this Court held as under. Where a worker or a group of workers labour to produce goods or services and these goods or services are for the business of another, that other is in fact the employer. In this case, firstly, no goods and se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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