C.A. No. 008215 - 008216 / 2011

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Where an employer has consistently conducted proceedings under the Industrial Disputes Act, 1947 without contesting its status as an "industry," it is estopped from raising that contention belatedly; and where serious misconduct is proved against a workman, courts may substitute reinstatement with appropriate monetary compensation, particularly where a prolonged time gap has eroded the employment relationship and restoration would be contrary to the interests of justice.