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

J Datta: In 226, the court will examine facts Mr Farasat and analyse evidence? power is much limited. J Iyer says that if inquiry is faulty, the employer can prove the charges before the tribunal. where do you get it in 226?

Farasat: concerns can be what will happen when these areas are excluded? gov employees, class IV to class I, covered under Article 309 or Service law enacted in Entry 70, List I or Entry 40, list II, there the protections are much better

Farasat: the incorporation of the above limits makes it unneccessary to carve out exemptions such as sovereign functions etc

Farasat: introduction of the limiting principle of commercial activitty will ensure that all gov activities which are pursuant to Part IV of the Constitution, that is DPSP, are ipso facto excluded unless the gov chooses to carry out them commercial term. Eg- supply of electricitiy by gov at competitive market rate will not be excluded

Farasat: non commercial enterprises, whether governmental or private, which includes charitable, will stand excluded from the definition of industry. Professional services such as doctors, lawyers shall also stand excluded.

Farasat: especially intellectual services. So I rely on the latter part of the definition.

Farasat: the entire question of industrial dispute arose from the industrial revolution in the context of England in particular and the working conditions therein. Expanding it to services because the word services has been used would be slightly out of text

Farasat: mylords may begin the text as beginining point but at some point it will have to bring the implication of policy.

Farasat: second, industry is limited to services that primarily operate through physical manual labour

Farasat: the underlying portion has been directly borrowed from sadfargung. Plus we have consciously not used profit as it is a slightly more aggresive term.