'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]

Gupta: the question is therefore what is the scope of 2j? four issues mylords framed, i am only interested in addressing the first.

J Nagarathna: I authored in Karnataka where I said the temple is not an establishment under the shops and establishment act

Gupta: full bench of madras HC has referred to other HCs where it has been held that temple is industry. For instance, in Jaganath temple has been held as industry by the Orissa HC

Gupta: if its an industry, its an establishment within the shops and establishment and therefore, the payment of gratituty act will apply and corresponding provisions put in place by state will not apply

Sr Adv Jaideep Gupta(commissioner of hindu religous and charitable establishment, TM): short point which arises in this appeal, and not all are before the court, the only point is what is the scope of 2j. what the seven judge said that temples are industry within the ID Act

Farasat: this aspect was never examined in bangalore because it was not placed before the court.

Farasat: so far as professional services are concerned, some level of protection are there. 2, shops and establishment act which has been passed by states, they include within themselves charitable institutions as well as professions

J Datta: if he goes by a suit, section 14 would be a bar and there cna't be enforcement of services, he will only get damage, which is the power that the tribunal can grant

J Sharma: there you are wrong. before the state and central administrative tribunal, the employee doesn't get a chance to prove misconduct the way it is before the industrial tribunal

Farasat: service law will have both central administrative tribunal and state administrative tribunals. most of them would be covered. Normally, 226 is the first proceedings. Service is so developed that if there is something wrong, the court will interfere. I respectfully submits its better that the ID Act