TMI Blog2007 (12) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... Prosecutor. He was getting an amount of Rs.1,000/- p.m. as a temporary employee on a contract basis. He was engaged under the Joint Legal Remembrance and Director, Litigation, Law Department, Jaipur. His services were terminated by notice dated 5.12.1998 w.e.f. 7.12.1998, and according to him, it was in violation of the provisions of Section 25G of the Industrial Disputes Act, 1947 (in short the 'Act'). Therefore, a dispute was raised. A reference was made to the Labour Court, vide Notification No. F 1(1)(1145) L.F./2000 dated 31st July, 2000, under Section 10 of the Act. The reference was of the following dispute: Whether the termination from service on 7.12.1998 of the applicant Shri Ganeshilal son of Shri Noratmal Barber by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purposes of any proceeding under this Act in relation to an Industrial Dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute. 8. For bringing in application of Section 2(s) of the Act, the workman must be employed in an industry. The Law department can, by no stretch of imagination, be considered as an industry. 9. Learned Counsel for the appellant submitted that whether any government department can be treated as industry is under consideration of a larger Bench of this Court. 10. The Labour Court and the High Court have not even indicated as to how the Law department is an in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1970)ILLJ662SC and Union of India and Ors. v. Dhanwanti Devi and Ors. (1996)6SCC44 . A case is a precedent and binding for what it explicitly decides and no more. The words used by Judges in their judgments are not to be read as if they are words in Act of Parliament. In Quinn v. Leathem (1901) AC 495 (H.L.) , Earl of Halsbury LC observed that every judgment must be read as applicable to the particular facts proved or assumed to be proved, since the generality of the expressions which are found there are not intended to be exposition of the whole law but governed and qualified by the particular facts of the case in which such expressions are found and a case is only an authority for what it actually decides. 12. Courts should not place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Russell L.J. as if it were an Act of Parliament. And, in Herrington v. British Railways Board 1972 (2) WLR 537 Lord Morris said: There is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial utterances made in the setting of the facts of a particular case. 14. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper. 15. The following words of Lord Denning in the matter of applying precedents have become locus classicus: Each case depends on its own facts and a close similarity between o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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