'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench Hearing

Naphade: let us apply the test of principle activitiy-test is simple-whether it has commercial rootd. if it has no commercial roots, even if it results in manufacture and product of goods ans services, it is still not an industory

Naphade: we don't have to go into sovereign functions because the simple test is that the essential government function, which is, it is statutory obligation. Essential gov functions which arises out of its statutory obligation

Naphade: whole concept of triple test is borrowed from the australian. my respectful submission is the court is proceeded with a value loaded approach, worker oriented approach. we need to objectify the process of interpretation.

Naphade: material words are business, trade, manufacture and calling. dictionary word of calling is also trade. therefore undertaking is on one side and business and teade is on other side of manufacture and callling. therefore it must necessarily drive its context from the words preceeding and the words following

Naphade: ex-judicial functions of state, there is employer and employee and how do you take it out? it carves out 3 exceptions, religious, soveign and...but in case of religious, it is a service.

tested on principle of logic, triple test faulters. now, does it flow out of the wordings?

Sr Adv Naphade: I am in two matters, one is bombay university and second for state of marahtrastra where issue is of forest. essence of bangalore is in 140 and contains triple test. my first issue is, it is not logical but borrowed from australian judgment and faulters on the altar of reasons.

ASG: request would be to interpret thedefinition which has been interpreted in bangalore with sovereign functions to be interpreted very broadly.

Counsel of State of UP argues briefly: if there is an element of master and servant relationship, and there is systematic activity then it is an undertaking.

ASG: as I was saying, it will affect the education, healthcare and social security measures if they are brought under the purview of sovereign functions

ASG: as I was saying, it will affect the education, healthcare and social security measures if they are brought under the purview of sovereign functions

J Narasimha: in 1947, we were just examining, used 25 words and today from 1947 to 2026, how many words have been contributed in various judgments in trying to interpret what that definition is. Use such expression so open ended and textual, and then ligitation is unbated. it is a classic example of how a definition can fail