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

AG: court says the 1947 act was an imperfect enactment but that is now gone.

continues to read bangalore water supply judgment,

AG: And this delay in disposal of thousands of, disputes and consequent partial paralysis in the industrial life is partly blamable on the absence of a mechanism of communication between the court and the law- making chambers.

AG: Though the tailoring of a definition is the sole forensic job in this batch of appeals, dependent on which, perhaps, a few thousand other cases await decision, the cycloramic semantics of the simple word 'industry' and the judicial gloss on it in a catena of cases, have led to an avoidable glut of labour litigation where speedy finality and working criteria are most desirable.

AG: first para of the industry definition in the 2020 code is pari materia to the 1982 amendment but excludes some

J Nagarathna: is there a comparative study between the judgment, the 1982 amendment and the 2020 code? it would be useful to the code

AG: there is a parliamentary consultative committee

AG: 1982 can took from the judgment's definition but did not include 1. agricultural operation except those carried out in integrated and predominant manner, activity carried out in plantation, hospitals, educational, scientific institutions or institutions engaged in charitable or any activity of the government relatable to the sovereign functions of the gov including all carried by department of central gov,...

AG: continues read the 1978 judgment- As the provision now stands, is it scientific to define 'industry' based on the nature-the dominant nature of the activity, i.e. on the terms of the work, remuneration and conditions of service which bond the-two wings together into an employer-employee complex ?

AG: reads the bangalore water supply

CJ: under the rules, the chief justice takes a call

AG: he takes a call and then a 5 judge bench is constituted which makes a reference to the 7 judges. when 7 judges make a stamp of approval, [the matter came to be referred to 9 judges]

I don't know if that part of the referral process needs to halt mylords. the only issue is what is the scope

CJ: proceed on premises that there is a reference to 9 judges and we have to examine bangalore water supply

AG: that's how these references came to be ultimately made.