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

Jaising- if they are, we have no problem. This court has upheld the constitutional validity of the administrative tribunal's act. Now, every state has an administrative tribunal of its own. We can go for relief from unfair dismissal and protection of 311 goes beyond by ID. So we are not stupid people that if we are covered by A. 311, we will clamour for coverage under ID Act

Jaising- there are certain rules and regulations and constitutional provisions that governs employees. one of the most fundamental articles in the Constitution is Article 311. If we are covering by Article 311 or 309, we would not be asking for us to be covered under the ID Act.

this is a reply to Naphade's argument that no department of the gov should be covered-he must answer are they covered by Article 309 or 311?

Jaising- labour law has two components- one is security of employment, which is the most critical and second is welfare benefits such as gratuity, maternity leave, ESI, provident fund. but primary security of employment comes from the rule of hirer and fire.

Jaising-when we want protection under the ID Act, we are asking for protection of security of tenure. it departs from the rule of hirer and fire, which is a classical rule under common law. this is not a futile fight or fight for gratitutiy.

Jaising- at best, it can give you damages. Now, it was cleared by the ID Act, 1947. Because under this, the relief of reinstatement can be granted and when S. 11A was introduced in 1971. J Datta hinted at what is the jurisdiction of labour court and civil court, the former can decide de novo exercise its jurisdiction and decide whether the dismissal is unfair and unjustified and whether punishment is proportionate or not, which is something no civil court can do.

Jaising- there is no case made out for revisiting.

what do I mean by beneficial? The ID Act 1947 is a pre-constitution act. It gave to the workmen security of tenure which ordinary civil court can't give. the ordinary civil court is bound by the law of masters and servant under the common law. And it has no jurisdiction to grant reinstatement.

Jaising- classical principles are-look at the provisions, preamble, plain meaning of the sections, the object, how the act has achieved object and interpret it accordingly.

Jaising- there are classical principles for interpreting what are known as beneficial statutes and the industrial disputes act are characterised by several judgments as beneficial

Jaising: i will be drawing from CJ Beg on merits. On merits, the bangalore water supply has been decided according to classical interpretation of statute.

CJI: these issues are inconsequential

Jaising- yes but when learned seniors get up and start attacking the judges, i dont know what to do

CJI: you are ignore it