Judgement

UNTWALIA, J.:- An industrial dispute was raised by the Medical College and Sholapur Hospital Staff Union on behalf of the employees of the Dhanrajgirji Hospital - the appellant in this appeal by special leave. It was referred for adjudication by the Government of Maharashtra to the Industrial Tribunal, Bombay. A preliminary objection was taken on behalf of the appellant as respects the maintainability of the reference on the ground that the dispute raised did not pertain to any industry and hence was not an industrial dispute which could be made the subject matter of the reference. The Tribunal by its impugned order dated the 18th February, 1969 decided the preliminary issue against the appellant and directed the reference to be heard on merits. The appellant Hospital assails that order in this appeal .

2. The Tribunal did not consider the materials placed before it fully in support of its finding that the appellant is engaged in an industry within the meaning of the Industrial Disputes Act, 1947. Even so, the finding recorded by it is that the activities of the appellant are not mainly educational but the Hospital was established in 1930 for the benefit of the public of Sh