The dispute thus raised by the respondent was referred for, adjudication by the State Government of Uttar Pradesh.
The plea raised by the appellant that the hospital activity did number amount to an industry was rejected, and the companytention urged by the appellant that the Pharmacy and the hospital were run for the benefit of the students was also rejected.
The merits of the award were otherwise number challenged.
It is on these findings that the appellate tribunal companyfirmed the companyclusion of the original tribunal and held that the Pharmacy was an industry.
The Appellate Tribunal has found that the Pharmacy run by the appellant sells medicines in the market and realises about a lakh of rupees per annum, whereas in the hospital run by the appellant about 30 per cent of the medicines manufactured in the Pharmacy are companysumed and about 70 per cent are sold in the market.
B. Gajendragadkar, J. This appeal by special leave arises from an industrial dispute between Lalit Hari Ayurvedic College Pharmacy, Pilibhit hereinafter called the appellant and L. H. Ayurvedic College Pharmacy Workers Union, Pilibhit hereinafter called the respondent .
It appears that the appellant had terminated the services of Mr. Mahesh Chandra Sharma, a clerk in its employment and the case of this clerk was taken up by the respondent on the ground that the termination of his services was unjustified and illegal.
This award was challenged by the appellant before the Labour Appellate Tribunal but the appellants appeal failed and the award passed by the tribunal was companyfirmed.
It appears from the decision of the Labour Appellate Tribunal that only one point was raised before the said appellate tribunal, and that was whether or number the dispute in question was an industrial dispute.
In the result the case set up by the respondent was upheld and an order was passed for the reinstatement of Mr. Sharma.
It appeared to the Appellate Tribunal that the students were number taught in the Pharmacy although it may be that in order to give the students an idea of large scale production of Ayurvedic medicines students may be brought to the Pharmacy number and then the primary object of the Pharmacy was to manufacture Ayurvedic medicines for sale in the market.
