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

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.

J Datta: J Iyer on behalf of J Bhagwati and J Desai, whether it can be held to be an authoritative precedent- a five judge bench questions the seven judge bench?

J Datta: judgment makes a conclusion, where is the discussion

AG: the court goes back to bangalore water supply and says that J Iyer's and others also take note of it.

J Datta: they say the legislature and executive are helpless, what prevented them to enforce the amended act which compelled the five judges?

AG: there is no material available in the judgment

J Datta: is this a valid reference? Bench in para 24 repeatedly said its not a unanimous definition, how is it relevant? it has to be considered as seven judge irrespective of the dissent

AG: whatever the court may say today, it will certainly cast a shadow on the new code.

J Nagarathna: it has to be activity based, for instance forestry

J Datta: what are the demands of the sector and what difficulties were faced by legislature and executive to enforced the definition which compelled the five judges to make reference, where is that discussion

AG: socio-economic changes happened, opening of markets, questions would still remain if the defintiion of industry had continue to occupying the statute then obviously we need to call that in the context of definition which remains unchanged, does bangalore supply provides guidance

but that is not there anymore

J Nagarathna: few years ago, we were on socalist philosophy and you know what happened in the property Ranganathan's case.

J Nagarathna: We may add one more angle. Bangalore water supply came in 1970s and then we had reforms of 1971, which brought privatisation, globalisation and liberalisation.

Many fuctions state would be doing would be done by private sectors. then what should be the scope of the defintiion of industry, should it still be very expansive or restrictive or balance has to be struck?

we are in 2026, we had many years of LPG, which is so important for a woman also.

AG: there is no shortage of LPG