'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]
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
Jaising- the purpose of this exercise is the access of justice, what is how I want mylords to appreciate the judgment of bangalore water supply.
Jaising- this is the issue of fair wages. And, the temples are before you. They are the richest entity in this country. Ladyship referred to prasad. J Iyer deals with it. He says the spiritual aspect may not concern but but the person who is making ladoo in the department, what about his wages?
Jaising- If a worker comes to you and says, give me a fair wage. What will you tell him? That I am a charitable institution and I am doing charity to the world, but I will not give you a fair wage?!
Jaising-there is a single attack on the judgment that charity should be excluded from the purview of this Act-now the answer is simple. The answer is, charity begins at home. J Iyer says that by all means, you do charity to everybody but have you done it to your workers?
Jaising-here in this reference, what is the main argument? if only there is profit motive, then you call it an industry
Jaising- regardless who is in power in the State, all states agree they want the judgment to be overruled, whether it is punjab or karnataka. If they have a common interest to protect, I don't understand why the 2020 code lifted the definition from bangalore water supply and codified it