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1997 (11) TMI 541

a Dua and L.R. Singh, Advs., for the Respondents JUDGMENT Delay condoned. Leave granted. 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, Vaikam & Ors. vs. Theyyam joseph & Ors. (196) 8 SCC 489. It was stated at the Bar that .....

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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 vs. A Rajappa & Ors. (1978) 2 SCC 213. The above point arises for consideration out of a reference made under Se .....

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) Where a complex of activities, some of which qualify for exemption, others not, involves employees on the total undertaking, some of whom are not 'workmen' as in the University of Delhi case (supra) or some departments are not productive of goods and services if isolated even then, the predominant nature of the services and the integrated nature of the departments as explained in the Cor .....

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unsel for the appellant that according to this test the Telecommunication Department of the Union of India is an 'industry' within that definition because it is engaged in a commercial activity and the Departments not engaged in discharging any of the sovereign functions of the State. A two-Judge bench of this Court in Theyyam Joseph's case (1966)8 SCC 489 (supra) held that the functio .....

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erring to the decision in Bangalore Water Supply, it was observed that if the doctrine enunciated 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 n .....

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