Judgement

BHARGAVA, J.: The Deputy Commissioner of Labour, Bombay, referred for adjudication by the industrial Tribunal, Maharashtra, Bombay (hereinafter referred to as "the Tribunal"), under S. 10 (2) of the Industrial Disputes Act (hereinafter referred to as "the Act"), a dispute between the Cricket Club of India Ltd. (hereinafter referred to as "the Club") and the workmen employed by it in respect of various demands made by the workman relating to classification of employees, dearness allowance, leave facilities, payment for overtime, permanency, shift allowance, etc. A preliminary objection was taken on behalf of the Club that it is not an industry and, consequently, the provisions of the Act were inapplicable and no reference could be competently made under Sec. 10 (2) of the Act. The Tribunal rejected this preliminary objection holding that the Club came within the definition of "industry" in Section 2 (j) of the Act and made a direction that the case be set down for hearing on merits. The Club has appealed against this interim award of the Tribuanl of the preliminary question, by special leave.

2. The Club is admittedly a Members Club and is not a proprietary Club, though it