Welfare State or Industrial Actor?: Supreme court revisits four-decade-old definition of ‘industry’

As appellants conclude submissions, the nine-judge bench grapples with whether the landmark 1978 ruling has stretched the definition of ‘industry’ beyond its intended boundaries.
Welfare State or Industrial Actor?: Supreme court revisits four-decade-old definition of ‘industry’
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TODAY, in a batch of cases concerning the interpretation of ‘industry’ under Section 2(j) of the Industrial Disputes Act, 1947 (‘IDA’), appellants, including the Union of India represented by Attorney General (‘AG’) R. Venkataramani (who argued yesterday), along with various state governments, public institutions, and private parties, concluded their submissions before a nine-judge Constitution Bench of the Supreme Court, led by Chief Justice (‘CJI’) Surya Kant. The AG broadly argued that while the ‘triple test’ laid down in Bangalore Water Supply v. R. Rajappa (1978) remains doctrinally sound, its overly expansive application has led to unintended consequences.

The matter is being heard by the Bench comprising CJI Kant, along with Justices B.V. Nagarathna, P.S. Narasimha, Dipankar Datta, Ujjal Bhuyan, Satish Chandra Sharma, Joymalya Bagchi, Alok Aradhe, and Vipul M. Pancholi, before whom the Respondents have now commenced their arguments. 

Attorney General R. Venkataramani, appearing for the Union of India, did not seek to displace the ‘triple test’ evolved in Bangalore Water Supply but to discipline its application.
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