GENERAL MANAGER TELECOM Vs. SRINIVASA RAO

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) This matter comes up before a three-Judge Bench because of a Reference made by a two-Judge Bench which doubted the correctness of an earlier two-Judge Bench decision of this Court in Sub-Divisional Inspector of Post, Vajkam v. Theyyam Joseph, (1996) 8 SCC 489 : (1996 AIR SCW 1365). It was stated at the Bar that a later two-Judge Bench decision reported as Bombay Telephone Canteen Employees' Association v. Union of India, AIR 1997 SC 2817 also takes the same view as in the case of Theyyam Joseph only point for decision in this appeal is whether the Telecom Department of the Union of India is an industry within the meaning of the definition of 'industry' in Section 2(j) of the Industrial Disputes Act, 1947. It may here be observed that the amendment made in that definition in 1982 has not been brought into force by the Central Government by issuance of notification required for the purpose. It is, therefore, not necessary for us to consider whether the Telecommunication Department of the Union of India would be an 'industry' within the meaning thereof in the amended provision which is not yet brought into force. We are, in this matter, concerned with the earlier definition of 'industry' which continues to be in force and which was subject of consideration by a seven-Judge Bench in Bangalore Water Supply and Sewerage Board v. A Rajappa, (1978) 2 SCC 213 : (AIR 1978 SC 548).