'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]

Counsel Gupta: In the indian constitution, the sovereignty rest the people of India and nobody is the employee of the sovereign

Adv Verma(for AIIMS): farasat and gupta said that commercial test ought to be applied in completing the triple test. Nagpur had applied the five principle test and the test said that the purpose must be to serve others and it must be done as commerical transaction

Counsel 4: my submission is, forest and irrigation are not covered in industry and both departments are doing statutory work which may not be within the parameters of the commercial activities.

Counsel 3- bangalore water supply deals with research organisation limited to research, leading to industrial growth and wealth but it does not concern the kind of research org set up by the gov which are under sovereign functions

Counsel 2: when legislature has chose the expression using means, it is restrictive and it would not permit an interpretative to expand scope of the coverage of the statute

Counsel: but the bangalore said its contradictory but according to me there can be industry without the primarily object being profit

Counsel: In order to apply safdargung case, we will have to expand the definition of sovereign function. there is a judgment which says welfare activities have to be included. second, safargung says that you do not necessary have to look at the profit motive, as long as it has commercial sense

Gupta: the institutions can provide for it but for that reason, we must not use the behemoth of the ID Act

J Nagarathna: they did not go into the merits of the matter

Gupta: yes, and it provided some compensation to get over the dispute resolution. If I may say, this is an issue and the gov may look into

Gupta: one aspect is that there is an order of the court which says temple is not industry-it has a wonderful name. It is not a very significantly reasoned order.

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