Judgment

BHARGAVA , J. : - These three appeals by special leave challenge two Awards passed by the Industrial Tribunal, Orissa in three references made by the Orissa Government, under Section 10 (1) of the Industrial Disputes Act, No. 14 of 1947 (hereinafter referred to as "the Act") The first two references, out of which Civil Appeals Nos. 78 and 77/1970 arise, related to various conditions of service of Class IV employees employed in different hospitals owned/and run by the State Govt. The third reference, which has given rise to Civil Appeal No. 78 of 1970, similarly related to conditions of service of employees employed in the T. B. Wards and the X-Ray Therapy Section in different hospitals, sanatoriums and infectious Wards of various medical units owned and run by the State Government. In all these references, one of the grounds raised in behalf of the management of the hospitals, or the Director of Health Services. Orissa was trial a hospital run by the Government is not an industry within the meaning of Section 2 (j) of the Act and that the employees of the Government posted for the time being in such hospitals cannot be held to be workmen within the meaning of Section 2 (s