'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]
Jaising: second, why reference should be returned is because the judgment of seven judges is considered a judgement by 7 despite dissent. i am amazed that safargang is of six and bangalore is of five. I am curious how a bench of six can be set up, assuming that there was a difference of opinion equally divided.
Jaising: parmar is confined to facts of the case and that no contention is raised that this is industry and therefore labour court erred
Jaising: now on the assumption that there is a conflict, they referred the papers to the Chief Justice who then placed it before the 5 judges.
my first submission is there is no conflict b/w conservator and parmar
Jaising: the reference is based on incorrect information on whether there is conflict b/w judgments of the court. it when to 3 judge before it went to 5 judges. 3 judges took the view that there is a conflict b/w conservator of forest and parmar on this issue of sovereign functions
Counsel: I will put in my written submissions
CJI: this dispute arose when?
Counsel: 1990s
CJI: have you disclosed how many orphans and destitute women are staying?
Counsel: I appear for remand house and the courts have held it is an industry just because the woman manufacture and the goods are sold for some profits. It is a charitable institution, funded by the gov. Whatever money is generated are sold at carnivals
CJI: where is workmen
Counsel: a clerk is working and claims permanency
Counsel(Gaushala): I adopt the arguments of Mr Gupta.
Gupta: the definition of industry only provide some social security benefit to the workmen who are the employee and also the indian citizens