Homeopathy as an Industry: Delhi High Court Classifies Central Council of Homeopathy under Industrial Disputes Act,1947

The Delhi High Court has ruled that the Central Council of Homeopathy qualifies as an “Industry” under the Industrial Disputes Act, 1947. The court observed that the Council, a research institute in the field of homeopathy under the Government of India, operates systematically with employer-employee cooperation for the advancement of homeopathy in the country. Justice Chandra Dhari Singh noted that the Council’s structured functioning and collaborative efforts align it with the definition of an industry as per the Act.

Case Background

The case involved the respondent, Vijay Singh, who was initially appointed as a temporary stenographer with the Central Council of Homeopathy and later regularized as a senior stenographer. Singh was suspended and chargesheeted due to alleged misconduct, leading to his compulsory retirement following an inquiry. Singh contested his retirement, claiming it was improper during the dispute. The Industrial Tribunal initially upheld his suspension, but later, under Section 33-A of the Industrial Disputes Act, ruled that the Council violated the Act and ordered Singh’s reinstatement. Consequently, the Council filed a writ petition challenging this decision.

Supreme Court Reference

The Court referenced the Supreme Court’s decision in Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978), which included research institutes within the “industry” definition due to their systematic operations and cooperative employer-employee dynamics aimed at benefiting the country through goods, services, and wealth.

Tribunal’s Decision

The court noted that the respondent was compulsorily retired while the industrial dispute was pending, constituting a violation of Section 33. Thus, the Council’s actions were deemed contrary to the Act, warranting punishment under Section 31.

The Court concluded that the Tribunal’s award did not suffer from any illegality or infirmity and dismissed the Council’s petition.

Click here to read/download the judgment.