'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]
The Supreme Court constitution bench will continue its hearing on the correctness of the definition of “industry” given by then Justice VR Krishna Iyer in the 1978 decision in Bangalore Water Supply and Sewerage Board v. A. Rajappa.This is the second day of the hearing.A bench comprising Chief Justice of India Surya Kant, Justice BV Nagarathna, Justice PS Narasimha, Justice Dipankar...
The Supreme Court constitution bench will continue its hearing on the correctness of the definition of “industry” given by then Justice VR Krishna Iyer in the 1978 decision in Bangalore Water Supply and Sewerage Board v. A. Rajappa.
This is the second day of the hearing.
A bench comprising Chief Justice of India Surya Kant, Justice BV Nagarathna, Justice PS Narasimha, Justice Dipankar Datta, Justice Ujjal Bhuyan, Justice Satish Chandra Sharma, Justice Joymalya Bagchi, Justice Alok Aradhe and Justice Vipul Pancholi is hearing the matter.
Follow this page for the live updates. Report of first day's hearing can be read here.
to be continued tomorrow.
Singh: In NJAC, the court has examined situation where the judgment which has held the filed for a long time, should be differed with. I am only saying there is no biases at all for differing with it
J Nagarathna: whatever we say is going to apply on pending cases
J Datta: under what circumstances we may not answer the reference?
Singh: I am not on that. But my aspect was that the statute has been repealed and it is sought of analogous situation because we usually do it in revenue laws.
CJI: we have done it in service law
Singh: everyday you have cases where learned judges do not agree on certain aspects. So, it is absolutely and completely a judgment of seven judges.
Singh: they say we agree that the banglore water supply should be dismissed- this is a concurrence
Singh: On 21 Feb, 7 learned judges it and pronounce the judgment under A. 145. In the pronoucement, there are two fully formulated judgments pronounced-J Iyer and CJ Beg-which is absolutely in concurrence on every single material aspects. Now J Chandrachud's opinion is also pronounced, where he says we concur
Singh- the jaibir singh the learned 5 judge cast doubt on the formulation and manner in which the judgment was delivered so I want to show that its an unanimous judgment
Singh: you have to first go and sit with the employer in conciliation where its a public utility service
Singh: they are bargaining with the sort of an umberalla of a state overseeing, sort of like the State becomes like an United Nations. Instead of going to wars immediately and dumping bombs on some country, you have to first go to the United Nations, which tell you sorry u can't throw bombs on the employee