SC Constitution bench to commence hearing on definition of word 'industry'
A bench of Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul M Pancholi formulated questions for consideration.
PTI
New Delhi, 16 Feb
A
nine-judge Supreme Court bench will re-examine the definition of the word
"industry" under the Industrial Disputes Act, in a case with
implications for labour relations.
The top
court asked parties to update their submissions or submit fresh submissions by
28 February. It clarified that the matter will be heard on 17 and 18 March.
The
issue to be adjudicated is whether the criteria laid down in the Bangalore
Water Supply case (paragraphs 140–144) remain the correct legal standard for
defining an 'industry'.
A bench
of Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul M Pancholi formulated questions for consideration.
"Whether
the Industrial Disputes Amendment Act 1982 had not seemingly come into force
and industry code had any legal impact on the expression 'industry'," the
bench said.
The top
court said it will also consider whether social welfare or schemes by
government departments or can be construed as industrial activities under the
Act.
A
seven-judge Constitution bench, headed by then-Chief Justice TS Thakur, ruled
in 2017 that the appeals should be heard by nine judges due to the
"serious and wide-ranging implications" of the issue.
In May
2005, a five-judge bench of the Supreme Court referred to a larger bench the
question of how “industry” should be interpreted in the 1947 Act, citing
conflicting rulings and legislative inaction.
The issue arose after a three-judge bench noted a conflict between a 1996 judgment and a contrary 2001 ruling by a two-judge bench.
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