'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench Hearing

to be continued tomorrow.

Hegde: I have some 30 years of assisting constitution benches, sometimes these retirements end up giving judgments which later cause problems. In kesvananda bharti, there was a signed order and we were wandering around to find out the ratio. I have assisted in TM Pai and there was a deadline in as such as J Kirpal was to retire.

I have only one request

CJ: that is why I ruled out this stress

J Nagarathna: nobody is retiring this year

Hegde: J Beg said I have to give this judgment because tomorrow I retire

Sr Adv Hegde(for State of Karnataka): today mylords are sitting in 9 judges because unanimous judgment of 6 was overruled by 3-1-1 and two dissenting. the unanimous judgment and a clear line was laid down in safdarjung. if mylords sees the composition of bangalore, I think one factor which actually led to the confusion was that there was a retirement pending J Beg

Naphade: court proceeds on the footing that for university, there is no statutory regime. so the first university act in the country is the 1904 act, all university teachers, their conditions are under a statute and there is a tribunal also

Naphade: as far as university is concerned, teachers are not workmen. even bangalore water supply proceedings on that assumption. the other staff members, their help is of marginal nature. the judgment also refers to univeristy having transport department, these are incidental activities. in nagpur, the court formulates the test of essential and primary functions

Naphade; now what is the essense of teaching? it is intellectual enlightment and can't be compared to material services

Naphade: second function of the university? it is a regulatory, it prescribes qualification for apppointment and third, teaching. University Grants Commision, All India Technical, all these bodies are essentially regulatory boards discharging respective statutory functions but they are not industry

Napadhe: university performs 3 functions- holds examination, confers degree and diplomas which the private indivuals can't do. it is an essential gov function performed under a state. instead of going into the conceept of sovereign functions, we must go into the concept of essential statutory function of the state.

Naphade: the number of welfare activities that the state pergorms are not rooted in commerce, they are in discharge of the state's obligation.