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

Gupta: charitable work may throw up surplus, if you utilise it for charitable purpose, it is not commercial entity. In state of kerala, the devasom board generate its income primarily from 3 temples, the guruvayoor temple, sabrimala and the padmanabhaswamy temple and it has thousands of temples within it which does not generate any income. the surplus generated is utilised for the purpose of running other temples

Gupta: I submit that this is the correct way to define 2j, the operative word is on commercial lines. The gov csn also have commercial activity. Once it is having a commercial activity, without going into the question of sovereign or not, you can say it is industry.

Gupta: reads the dissent of J Jaswant Singh.

Gupta: can temple be classified as industry? there is no layoff and entrechment when it comes to temple

Gupta: you have a problem, and how do you provide a dispute resolution mechanism for different areas of human activity? you find that one of the problems in one of the areas of human activity has a solution in the ID Act and you say its a good solution, let us apply to all human activity- this is an incorrect paradigm

Gupta: if you look at the index, the first is disputes but then what we have is strikes and lockouts, layoffs and retrechments-this is way, as farasat said, this is a problem looking for a solution

Gupta: i submit this paradigm has to be shift, nobody has looked into the statute. the industry is defined for the purpose of ID Act. it goes into various chapters and if you see that not all activities are carried out for production using E-E

Gupta: lawyer may have a cleaner working for him and the contribution of her is minimal so it may not be industry- the broad definition is cut down like this

Gupta: the approach of bangalore is not appropriate approach for purpose of all activities. the paradigm created by J Iyer is anything which is structured by combination of E-E and which produces something that satisfy human needs is the broad principle he proceeds

Gupta: we are interested in the phrase industry for ID Act but the way you define it has repercussion in many other legislations which relates to industry.

what bangalore does is it lays down the general principles to be followed and I am only concerned about charitable organisations