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Swaraj Ashram, Sarvodaya Nagar, Kanpur Vs. Industrial Tribunal (iii) Uttar Pradesh, Kanpur and ors. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal Nos. 1274 to 1276 of 1973
Judge
Reported inAIR1979SC1210; [1979(38)FLR100]
AppellantSwaraj Ashram, Sarvodaya Nagar, Kanpur
Respondentindustrial Tribunal (iii) Uttar Pradesh, Kanpur and ors.
DispositionAppeal failed
Excerpt:
.....1/sci/64-28 rr. 49 and 52 of the civil services (classification, control and appeal) rules, which continued in force till the all india services (discipline and appeal) rules came into force in 1955. the indian civil services ceased to exist from august 15,1947, and the services of its members automatically terminated on august 14, 1947. the appellant's service, therefore, came to an end on august 14, 1947, but since he was serving under the madras government immediately before august 15, 1947, and continued to do so thereafter he must be deemed to have been appointed by the governor of madras to the post he was holding on the appointed day. rule 7 of the all india services (discipline and appeal) rules, 1955, does not violate the provision of art. 314 of the constitution, nor can the.....v.r. krishna iyer, j.1. ln the light of the decision of this court in : (1978)illj349sc , counsel on both sides agree that the appellant comes within the definition of 'industry'. the appeals, on this point, therefore fail. the consequence is that the industrial tribunal has to take up the proceedings and continue to adjudicate on the dispute and give its award. no costs.
Judgment:

V.R. Krishna Iyer, J.

1. ln the light of the decision of this Court in : (1978)ILLJ349SC , counsel on both sides agree that the appellant comes within the definition of 'industry'. The appeals, on this point, therefore fail. The consequence is that the Industrial Tribunal has to take up the proceedings and continue to adjudicate on the dispute and give its award. No costs.


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