( 1 ) THE appellant-State being aggrieved by order dated 07. 12. 1998 passed in Special Civil Application No. 6954 of 1998 whereunder the award dated 27. 04. 1998 passed by the learned Labour Court, Ahmedabad in Reference (LCAD) No. 116 of 1989 was confirmed, is before this Court.

( 2 ) THE respondent workmen approached the Labour Court with a submission that they were working for more than 16 years, neither they were confirmed nor they were paid their dues in accordance with law, therefore, the reference be answered in their favour, a direction be issued for their confirmation, benefits in accordance with law be awarded and payment of salary in accordance with law be granted. The appellant-Government raised the issue of jurisdiction of the Labour Court, inter alia, that the employee could not invoke jurisdiction of the Labour Court as the school was not/ is not an industry within the meaning of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" ). After hearing the learned counsel for the parties, the learned Labour Court allowed the reference in favour of the workmen and issued directions that with effect from 01. 01. 1989 they would be deemed to be permanent Class IV employees and they would be entitled to salary of the said post and would also be entitled to other benefits including the allowances. The appellant-State in the Special Civil Application did not raise other questions but confined their attack to the award made by the Labour Court only on one question that the school is not an industry. The learned Single Judge relying upon the judgement of the Supreme Court in the matter of Miss A. Sundarambal Vs. Government of Goa, Daman and Diu, reported in A. I. R. 1988 SC 1700 observed that the controversy raised before him was settled by the said decision.

( 3 ) THE learned counsel for the appellant-State submits that unless evidence is brought on record to show that how a particular Department of the Government would be an industry, just at drop of the hat or for the sake of argument every Department of the Government cannot be held to be an industry. On the other hand learned counsel for the respondent submitted that the judgement in the matter of Miss A. Sundarambal (supra) would virtually clinch the issue and the judgement on which reliance is being placed by the counsel for the State is not applicable to the facts of the present case.

( 4 ) IN the matter of State of Gujarat and others Vs. Pratamsingh Narsinh Parmar, reported in Judgements Today 2001 (3) SC 326 the Supreme Court observed that if a dispute arises as to whether a particular establishment or part of it wherein an appointment has been made is an industry or not, it would be for the person concerned who claims the same to be an industry, to give positive facts for coming to the conclusion that it constitutes "an industry". The Supreme Court further observed that ordinarily, a department of the Government cannot be held to be an industry and rather it is a part of the sovereign function.

( 5 ) IN the said matter the Supreme Court further observed that there had been no iota of assertion to that effect, no doubt, it was contended that the order of dismissal was vitiated for non compliance of section 25f of the Act. In our considered opinion the said judgement would be an authority to lay down the proposition that just on the say of somebody the Labour Court or the High Court cannot hold or observe that every Department of the Government is an industry. The said judgement beyond that does not say anything. It simply says that whenever a dispute arises that whether the establishment or the department or a unit of the department of the Government is an industry or not then such evidence will have to be brought on record and after hearing the parties the concerned Labour Court will have to record a finding of fact that such establishment/ department or unit of the said department is an industry or not.

( 6 ) IN the matter of M