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

Nataraj: the 1982 amendment can be taken as clarifactory legislation

J Nagarathna: the attempt was to limit

Nataraj: so we have to take it as a clarifactory took to clarify the difficulties whichs tood by way of the interpretation. Now, I have formulated 3 points

Additional Solicitor General KM Nataraj (State of Uttar Pradesh): very expansive interpretation has been given and to remove certain ambiguity, the legislature brought the 1982 and now again to give certain definition to industry-this had to be taken as indicator for the purpose of interpretation

AG: my stand would be nagpure to a considerable strenght is not a good law.

AG concludes his argument

AG: however, such incidental operational aspects deserve closer scrutiny and can't be isolated and treated as independent industrial activities which may undermine the broader gov purposes

AG: mordern indian state is not confined to traditional sovereign functions such as defence, public order etc. rather it operates as a welfare state task with implementing wide ranging socio economic and development policies. such activities undertaken by the state frequently involve organisational-operational elements, superficially resembling industrial undertaking

AG: issue 2. social welfare activities and schemes are the enterprises undertaken by the government department can't be considered as industrial activity for the purpose...

caution must be taken while applying triple test to different activities especially in relation to charitable organisation and gov departments carrying out sovereign functions, gov functions, constitutionally mandated functions

AG: these interpretation will be applicable to all cases pending and far as the industrial code came into force and it shall be accordingly applicable.

AG: the bangalore water supply is a good law in so far as determing industory under the industrial disputes act. the 1982 amendment may be used as an interpretative took to avoid overbroad interpretation and indiscrimination application of triple test

J Nagarathna: so the exemption must be read strictly or narrowly?

AG: I am only saying that activities relatable to sovereign functions as there in 2020 code

AG: large number of legislative and regulatory framework have encroached many of our rights more particulary in the realm of industrial uses. therefore to say shackle the powers of the government and to say that the sovereign functions to be only minimal, those invaluable functions like arms, defence etc, I think it would be a very narrow way of looking at it.