SESSION 2018 – 2019

TH
B.B.A LL.B SEMESTER
TOPIC – Moot Court File on Case Concerning Bangalore Water
Supply and Sewerage Board vs. A. Rajappa and Others.

SUBJECT – Labour Law

Submitted To Submitted By

Roll No.

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IN THE COURT OF RAJASTHAN HIGH COURT
JODHPUR

CASE CONCERNING
Bangalore Water Supply and Sewerage Board vs. A.
Rajappa and Others.

Bangalore Water Supply and Sewerage Board

(PLAINTIFF)

VS

A. Rajappa and others

(DEFENDANT)

ON SUBMISSION TO THE HON’BLE HIGH

COURT OF RAJASTHAN, JODHPUR

MEMORIAL ON BEHALF OF THE DEFENDANT

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 Statement of Jurisdiction
Section 2 (j) " industry" means any systematic activity carried on by co-
operation between an employer and his workmen (whether such
workmen are employed by such employer directly or by or through any
agency, including a contractor) for the production, supply or
distribution of goods or services with a view to satisfy human wants or
wishes (not being wants or wishes which are merely spiritual or religious
in nature).
Section 2(s) defines workman as any person (including an apprentice) employed
in any industry to do any manual, unskilled, skilled, technical, operational,
clerical or supervisory work, for hire or reward, terms of employment be express
or implied and includes any such person who has been dismissed, discharged or
retrenched in connection with, or as a consequence of dispute. It excludes
persons employed in army/Navy/Air Force/Police and those employed in mainly
managerial or administrative, supervisory capacity and drawing wages of more
than INR 6500

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 Statement of Facts
The respondent employees were fined by the Appellant Board for
misconduct and various sums were recovered from them. Therefore,
they filed a Claims Application No. 5/72 under Section 33C (2) of the
Industrial Disputes Act, alleging that the said punishment was imposed
in violation of the principles of natural justice.
The appellant Board raised a preliminary objection before the Labour
Court that the Board, a statutory body performing what is in essence a
regal function by providing the basic amenities to the citizens, is not an
industry within the meaning of the expression under section 2(j) of the
Industrial Disputes Act, and consequently the employees were not
workmen and the Labour Court had no jurisdiction to decide the claim
of the workmen.
This objection being over-ruled, the appellant Board filed two Writ
‘Petitions before the Karnataka High Court at Bangalore. The Division
Bench of that High Court dismissed the petitions and held that the
appellant Board is “industry” within the meaning ‘of the expression
under section 2(i) of the Industrial, Disputes Act, 1947.
The appeals by Special Leave, considering “the chances of confusion
from the crop ‘of cases in an area where the common man has to
understand and apply the law and the desirability that there should be,
comprehensive, clear and conclusive declaration as to what is an
industry under the Industrial Disputes Act as it stands” were placed for
consideration by a larger Bench.

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 Issue Raised
1. Whether the Bangalore Water Supply and Sewerage Board will
fall under the definition of ‘Industry’ or not?
2. Whether the employees comes under the definition of the
workman or not

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 Summary of Arguments
1. Whether the Bangalore Water Supply and Sewerage Board will
fall under the definition of ‘Industry’ or not?
The Bangalore water supply and sewerage boards will come
under the definition of the industry coming under the Industrial
Disputes Act.
2. Whether the employees comes under the definition of the
workman or not?
Section 2(s) defines workman as any person (including an
apprentice) employed in any industry to do any manual,
unskilled, skilled, technical, operational, clerical or supervisory
work, for hire or reward, terms of employment be express or
implied and includes any such person who has been dismissed,
discharged or retrenched in connection with, or as a consequence
of dispute. It excludes persons employed in army/Navy/Air
Force/Police and those employed in mainly managerial or
administrative, supervisory capacity and drawing wages of more
than INR 6500.

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 Argument Advance
1. Whether the Bangalore Water Supply and Sewerage Board will
fall under the definition of ‘Industry’ or not?
I. The Bangalore water supply and sewerage boards will come
under the definition of the industry coming under the
Industrial Disputes Act.
II. Section 2 (j) " industry" means any systematic activity carried
on by co - operation between an employer and his
workmen (whether such workmen are employed by such
employer directly or by or through any agency, including a
contractor) for the production, supply or distribution of
goods or services with a view to satisfy human wants or
wishes (not being wants or wishes which are merely spiritual
or religious in nature)
III. Triple Test is a guideline under Industrial Dispute Act,
through which the nature of the employer work is checked.
Following are the guidelines set up for triple test.
a. There should be systematic Activity
b. Organized by Co-operation between employer and
employee
c. For the production and/or distribution of goods and
services calculated to satisfy human wants and wishes.
IV. Here, in the present case the Water Supply Board is
fulfilling each and every essential guideline under triple test.
V. The water supply Board is a state government office in
which the activities are done in systematic manner by both
employer and employee. In the water board government is
employer appointing the worker to work for the
government i.e. to produce or distribute all those products
through which the human basic needs will satisfy.
VI. The state water, electricity board might not be ceased to
become an industry.

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2. Whether the employees comes under the definition of the
workman or not
I. Yes, the employees of the Bangalore water supply and water
sewerage board come under the definition of the workman.
II. Section 2(s) defines workman as any person (including an
apprentice) employed in any industry to do any manual,
unskilled, skilled, technical, operational, clerical or
supervisory work, for hire or reward, terms of employment
be express or implied and includes any such person who
has been dismissed, discharged or retrenched in connection
with, or as a consequence of dispute. It excludes persons
employed in army/Navy/Air Force/Police and those
employed in mainly managerial or administrative,
supervisory capacity and drawing wages of more than INR
6500.
III. Here in the present suit the Board all the employee is doing
manual, skilled and technical work for reward. And they are
appointed on the terms that they can be dismissed,
discharged or retrenched, if there is any dispute, related to
industry, raised.
IV. As well as each and every worker have, more than 7,000 rs.
as their monthly income, drawn from the government.

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 Prayer

In the above facts and circumstance of the case, the Respondent most
respectfully pray that, this Hon’ble Court may be pleased to PASS A
JUDGMENT AND DECREE against the Plaintiff herein for the
following reliefs:
a. The Hon’ble Court may be pleased to pass a decree which
declare that the plaintiff is industry. And do act according to
natural justices.
b. To Grant, cost and such other relief or reliefs as this Hon’ble
Court deems fit to grant in the facts and circumstances of the
case, in the interest of justice and equity

Defendant

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