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

AG: The, Court proceeded to carve out the negative factor& which, notwithstanding the literal width of the language of the definition, must, for other competing reasons, be kept out of the scope of industry.

AG: new code essentially takes into account what is available in para 140. therefore, post the new code what is undertaking need not to concern the court unless by forensic ingenuity we try to bring it back and say that undertaking can loom large behind the definition of industry

AG: distribution of goods and services is a grey area, where we can have a room of disagreement. suppose I have ICMR, areas of research where there is a supply of certain services or community services are meant for advancing DPSP. that is what I said that the work undertaking has led to large discussion.

AG: the new code directly or indirectly echoes anti-working class. it captures paragraph 140 [of the judgment] and then says what may not fall. the new code may gone into but legislature can't enumerate what sovereign functions and that's why it is relatable to sovereign functions- it has been very carefully phrased this definition.

AG: court says the 1947 act was an imperfect enactment but that is now gone.

continues to read bangalore water supply judgment,

AG: And this delay in disposal of thousands of, disputes and consequent partial paralysis in the industrial life is partly blamable on the absence of a mechanism of communication between the court and the law- making chambers.

AG: Though the tailoring of a definition is the sole forensic job in this batch of appeals, dependent on which, perhaps, a few thousand other cases await decision, the cycloramic semantics of the simple word 'industry' and the judicial gloss on it in a catena of cases, have led to an avoidable glut of labour litigation where speedy finality and working criteria are most desirable.

AG: first para of the industry definition in the 2020 code is pari materia to the 1982 amendment but excludes some

J Nagarathna: is there a comparative study between the judgment, the 1982 amendment and the 2020 code? it would be useful to the code

AG: there is a parliamentary consultative committee

AG: 1982 can took from the judgment's definition but did not include 1. agricultural operation except those carried out in integrated and predominant manner, activity carried out in plantation, hospitals, educational, scientific institutions or institutions engaged in charitable or any activity of the government relatable to the sovereign functions of the gov including all carried by department of central gov,...