(1.) In this case I had delivered the judgment on 16th March, 1977. dismissing the O. P., on the basis of the decision of the Supreme Court in Workmen, I. S. Institution v. I. S. Institution AIR 1976 SC 145 . I might state here that I had not the advantage of hearing the counsel for the petitioner at that time, before the above judgment was dictated and subsequently signed by me. It was brought to my notice by the learned counsel for the petitioner that he was absent when the case was taken up as he was engaged in another court, and in the circumstances be requested that the matter be reheard. Therefore, I posted the case for being spoken to and the matter was reheard. Though I am taking the same view now which I had taken earlier, it would only be proper that I revise my judgment so that all the points urged by the learned counsel are dealt with therein.
(2.) The question raised in this Original Petition is whether the Keraleeya Ayurveda Samajam Hospital and Nursing Home, Shoranur, a society registered under the Societies Registration Act will come within the ambit of the word 'industry' as defined in the Industrial Disputes Act hereinafter referred to as the Act). The Award passed in the matter by the Industrial Tribunal, Alleppey was on a reference of the dispute between the Keraleeya Ayurveda Samajam Hospital and Nursing Home and the Workmen of the Keraleeya Ayurveda Samajam Hospital and Nursing Home represented by the Secretary, Keraleeya Ayurveda Samajam Employees' Union, Shoranur. The Industrial Tribunal had come to the conclusion that the institution is an industry and this decision is attacked in this writ petition.
(3.) It is pointed out by the petitioner that the petitioner society was formed for the objects specified below: