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

Farasat: tendency of overbreath of the definition. two additional tests I propose from what I have taken from the law. I structured it slightly. This is triple test with 1. enterprise must be an entity with a commercial object or at least an entity with objective analogus to trade and business

Farasat: i commend that your lordship should consider restricting the definition itself. Second and third question then may not be required.

submission 2- definition of triple test is concerned, that is my submission not wrong but incomplete. I am proposing that mylords take the test as it is and add limiting principle to it.

Sr Adv Shadan Farasat(for State of Punjab): two questions that arise conceptually- do mylords consider limiting bssb at the core of the definition itself in which case the necessity of carving out exception my not be necessary

J Bagchi: But J Singh gives it a much wider sweep

CJI: very well dissent language. He gives respect and then straight away come to the point.

J Bagchi: the distinction between safdarjang and bangalore is not on substance but degree. J Iyer puts charitable institution within industry. He categorised into A, B, and C

Hegde: many charitable activities are organised somewhat analogous to commerce, that would be the test

CJI: That is the minority opinion, ultimately we will examine while sitting in nine because J Jaswant has disagreed on hospital and charitable exclusively.

Hegde: profit may need not be the purpose of the activity, the activity is still must bear an analogy to trade and business in character

CJI: suppose this state establishes an industrial unit with a clear declaration to generate employment and not to earn profit, it may not be an industrial unit earning profit but it is still industry

Hegde: I am going to read on profit motive

CJI: I think that supply appears to be correct view that the element of profit motive is irrelevant

J Datta: unfortunately, yesterday, none of these senior counsels referred to us any provision of the Act. We are interpreting the Act. You have to first understand what is the industrial dispute.

Hegde: we are concerned with definition of industry

J Datta: you have to first see what the industrial dispute it. What is the title of the act? You can't read industry without understanding what an industrial dispute it