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

Jaising- I was rather surprised. Traditionally, over the years, we have faced private employers but today who has come before you? All the States. Where are the private employers?

Jaising- if we look at triple test from this point of view, you will find that a norm has been laid down to decide what to include in industry and what not to include. Now, much has been said about charity-pause here for a moment-who are the petitioners before you?

Jaising-disputes between employer-employee, employee-employee are not unknown. classically they arise when which union is to be recognised.

Jaising- J Iyer traditionally represented the textile association of manufactures in the industrial courtroom in Bombay and very often we had occasion to appear against each other

Jaising- my submission is there is no ambiguity in the definition of industry. But assuming is if there is, nobody bothered to clarity what is it until J Datta pointed out that the definition is in two parts.

Jaising- if we get thrown out of ID Act, we go nowhere. I conceive that if I get access by another statute, I have no complaints. There the question is of throwing us out.

Jaising-it says s. 11a gives security of employment and record evidence de novo and depart from punishment imposed by the employer. Doctrine of proportionality can to be introduced

CJI: that is the most imp component, even the tribunal can reduce the dismissal of removal to minor punishment, this power is not even given to the HC in 226

Jaising- there was a tangential challenge to the introduction of S. 11 A into the ID Act, which granted the relief of reinstatement. this court then explained the difference between jurisdiction of a labour court and the jurisdiction of a civil court.

Jaising- it does not create any major substantive rights. it gives me the access to justice in relation to unfair dismissals, in relation to victimisation, in relation to mala fide dismissals. This is what this court has said. And, I will place the judgment before you how the law came to be challenged after S. 11A was introduced- Workman of Firestone v Management (1973)

Jaising- my submission is every democratic society is duty bound to give access to justice in a judicial forum and all that the ID Act is to give me that access.