1978 Supreme(SC) 388

SUPREME COURT OF INDIA
V.R. Krishna Iyer, Jaswant Singh, A.D. Koshal, JJ.
M/s. Swaraj Ashram, Kanpur – Appellant
Versus
Industrial Tribunal (III) U.P. Kanpur and others – Respondent
Civil Appeal Nos. 1274 to 1276 of 1973
Decided On : 29-11-1978

The court affirmed that if an entity meets the legal definition of an 'industry' based on judicial precedent and agreement between parties, the Industrial Tribunal maintains jurisdiction to adjudicate the relevant industrial dispute.

Headnote:(A) Industrial Law - Definition of 'industry' - Appellant's status as an industry - In light of previous judicial precedent, parties agreed that the appellant falls within the definition of industry - Industrial Tribunal to proceed with adjudication of the dispute.

Facts of the case:
An appeal was filed challenging the classification of the appellant as an industry. Following a previous decision of the Court, the parties reached an agreement regarding the appellant's status.

Findings of Court:
The appellant comes within the definition of industry, and consequently, the Industrial Tribunal is required to continue the proceedings and adjudicate the dispute.

Issues: Whether the appellant falls within the definition of 'industry'.

Ratio Decidendi: Where the parties agree, based on established judicial precedent, that an entity satisfies the definition of an industry, the Industrial Tribunal has the jurisdiction to adjudicate the dispute.

Result: Appeals dismissed.