Oral Judgment: (Dr. D.Y. Chandrachud, J.)

1. A reference to adjudication under Section 10 of the Industrial Disputes Act, 1947 was rejected by the Labour Court on the ground that the Undertaking, wherein the appellant was employed, was not an "industry" within the meaning of Section 2(j) of the Act. The order of the Labour Court has been confirmed by the learned Single Judge in a Petition under Article 227 of the Constitution. The workman is before this Court in appeal.

2. The respondent-employer had a proprietary concern by the name of "Royal Auto Centre". The business of the firm consisted of purchasing automobile spare parts in Mumbai and supplying them to parties outside the State of Maharashtra. The workman was engaged in April, 1987 for carrying out the work of packing of spare parts and his services were dispensed with on 12th March, 1991. From the evidence on record, it emerges that besides the workman, the employer engaged one other person who was described as a Trainee. The business of the respondent was carried out from the premises of a shop.

3. The Labour Court applied the test laid down by the Supreme Court in Bangalore Water Supply and Sewerage Board v. A. R