https://www.taxtmi.com/caselaws?id=199857 The controlling test for whether an establishment is an industry under Section 2(j) of the Industrial Disputes Act is the larger Bench ruling in Bangalore Water Supply, which applies the dominant nature test and excludes only strictly sovereign functions. On that basis, the Telecom Department was treated as engaged in commercial activity and not performing sovereign functions, so it fell within the definition of industry. Later two-Judge decisions to the contrary could not override the binding seven-Judge precedent, and judicial discipline required adherence to that larger Bench view. The reference under Section 10A was therefore not incompetent. en-us Tue, 18 Nov 1997 00:00:00 +0530 Wed, 14 Mar 2018 13:10:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199857 The controlling test for whether an establishment is an industry under Section 2(j) of the Industrial Disputes Act is the larger Bench ruling in Bangalore Water Supply, which applies the dominant nature test and excludes only strictly sovereign functions. On that basis, the Telecom Department was treated as engaged in commercial activity and not performing sovereign functions, so it fell within the definition of industry. Later two-Judge decisions to the contrary could not override the binding seven-Judge precedent, and judicial discipline required adherence to that larger Bench view. The reference under Section 10A was therefore not incompetent. Case-Laws Indian Laws Tue, 18 Nov 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199857