TMI Blog1997 (11) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... dge Bench decision reported as Bombay Telephone Canteen Employees' Association vs. Union of India - AIR 1997 Supreme Court 2817 also takes the same view as in the case of Theyyam Joseph. The only point for decision in this 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 'ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and services if isolated even then, the predominant nature of the services and the integrated nature of the departments as explained in the Corporation of Nagpur (supra), will be the true test. The whole undertaking will be 'industry' although those who are not 'workmen' by definition may not benefit buy status. (b) Notwithstanding the previous clauses sovereign functions, strictly understood, (alone) qualify for exemption, not the welfare activities or economic adventures under-taken by government or statutory bodies. (c) Even in departments discharging sovereign functions, if there are units which are industries and they are substantially severable, then they can be considered to come within Section 2 (j). (d) con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Bangalore Water Supply is strictly applied, the consequence is 'catastrophic'. With respect, we are unable to subscribe to this view for the obvious reason that it is in direct conflict with the seven judge Bench decision in Bangalore Water Supply case (supra) by which we are bound. It is needless to add that it is not permissible for us, or for that matter any Bench of lesser strength, to take a view contrary to that in Bangalore Water Supply (supra) or to by pass that decision so long as it holds the field. Moreover, that decision was rendered long back - nearly two decades earlier and we find no reason to think otherwise. Judicial discipline requires us to follow the decision in Bangalore Water Supply case (1978) 2 SCC 213. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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