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1997 Supreme(SC) 1477

V. N. KHARE, J. S. VERMA, B. N. KIRPAL
General Manager, Telecom – Appellant
Versus
Srinivasa Rao – Respondent


JUDGMENT

Verma, CJI.-Delay condoned.

Leave granted.

2. 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. v. Theyyam Joseph & Ors.1. It was stated at the Bar that a later two-Judge Bench decision reported as Bombay Telephone Canteen Employees Association v. Union of India2, also takes the same view as in the case of Theyyam Joseph.

3. The 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 de















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