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

Jaising: second, why reference should be returned is because the judgment of seven judges is considered a judgement by 7 despite dissent. i am amazed that safargang is of six and bangalore is of five. I am curious how a bench of six can be set up, assuming that there was a difference of opinion equally divided.

Jaising: parmar is confined to facts of the case and that no contention is raised that this is industry and therefore labour court erred

Jaising: now on the assumption that there is a conflict, they referred the papers to the Chief Justice who then placed it before the 5 judges.

my first submission is there is no conflict b/w conservator and parmar

Jaising: the reference is based on incorrect information on whether there is conflict b/w judgments of the court. it when to 3 judge before it went to 5 judges. 3 judges took the view that there is a conflict b/w conservator of forest and parmar on this issue of sovereign functions

Respondents to begin

Sr Adv Indira Jaising to begin

Counsel: I will put in my written submissions

CJI: this dispute arose when?

Counsel: 1990s

CJI: have you disclosed how many orphans and destitute women are staying?

Counsel: I appear for remand house and the courts have held it is an industry just because the woman manufacture and the goods are sold for some profits. It is a charitable institution, funded by the gov. Whatever money is generated are sold at carnivals

CJI: where is workmen

Counsel: a clerk is working and claims permanency

Counsel(Gaushala): I adopt the arguments of Mr Gupta.

Gupta: the definition of industry only provide some social security benefit to the workmen who are the employee and also the indian citizens