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

Jaising- the argument that this can't apply to government is given away the minute you read the definition of public utility in the act, which squarely covers governments

Jaising- the famous gujarat steel case was decided by J Iyer on dismissal of 300 people for going on illegal strike, why? because concillation proceedings were pending.

Jaising-how can we forget that the purpose of the act is to achieve industrial peace? it lays down roadblocks and barriers and draws a red line on the right to strike. If its not for the ID Act, you will see strikes all over the country. the minute the dispute is admitted in reconcillation, the strikes become illegal

Jaising- Without doubt the 2020 Code will be challenged to the extent it excludes charity, and fails to define what is the meaning of sovereignity or philanthropy

Jaising- it is suggested that before any judgment is delivered, this court may be pleased to direct the States to submit the data of cases pending under the ID Act indicating the organisation they cover, whether university, club, hosptial, profit or not, etc

the data will give us a picture of the nature and extent of the issues for determination

Jaising-another issue, i am recommending mylords call for the data. It has been conceded by the learned AG that any outcome in the present reference would be applicable to pipelines cases, that is those pending for decision before the repeal of ID Act.

Jaising-bangalore water supply was a decision by seven judges regardless of the fact that five judges formed majority with two dissenting opinion.

Jaising- error seems to have arisen the order of the 3 judges. One of the contentions which arises for consideration is whether the social forestry department is a welfare scheme of the gov or not is an industry or not.

Jaising- points of submission 1. reference is on erroneous assumption- parmar is a definition of two judges and if there was a difference of opinion, the reference could have been made on that stage but it didn't because the employee had not submitted that he is working in an industry. therefore, HC had gone wrong.

Jaising- reads the firestone judgment on difference b/w ID court and a civil court