'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench Hearing
AG: we have crossed early days for the inevitable need for collective bargaining.
CJ: within the head of g2, you have summed that sovereign functions can't be put into a stated formula.
AG: I thought we will put the sovereign function debate in distinct legal domains like civil wrongs, consumer etc...I think city of nagpure is incorrectly affirmed
J Nagarathna: then only remedy is by way of suit
AG: so to take charge of the period within 1978 to 2025, i think it will be important to keep all of them as a corpus of principles
J Nagarathna: so according to you sovereign functions must be narrowly interpreted?
AG: it requires an ambivalent understanding. the bangalore water seems to have some kind of a show on many of these considerations
CJ: particularly under the head of consideration of soverign function in industrial law, I think that it explains your view point.
AG: if more than 1959s the courts are trying to courageously find out the meaning and it is in this context of the new law can throw some light for adjudication
AG: on sovereign funtions, i have some submission to make- in civil wrongs liability, we don't get into that because that happens in an entirely different domain. it may or not definitely throw a light on sovereign functions in the context of what i call mandated activitiy undertaken for public welfare
CJ: we will not rely on the new definition because there is a caveat put by the other side that there might be a challenge to it. of course the principles referred in the judge is one of the tools for integration
AG: cites two judgments.
AG: reads a judgment.
AG: the court always say the later law by way of whatever amendment or ottherwise can always looked into as an interpretation guide. not necessarily a final say on the subject but it will say, therefore, codes willl always use them.
AG: it is submitted that it will always open for the parliament to depart from the declaration of law in bangalore water and to provide for appropriate legislative framework..