New Delhi: A nine-judge Constitution bench of the Supreme Court is slated to commence on March 17 the hearing on the contentious issue of defining the word “industry” under the Industrial Disputes Act, 1947.
According to the apex court’s cause list of March 17, the matter would be heard by a nine-judge bench comprising Chief Justice of India (CJI) Surya Kant and Justices B V Nagarathna, P S Narasimha, Dipankar Datta, Ujjal Bhuyan, Satish Chandra Sharma, Joymalya Bagchi, Alok Aradhe and Vipul M Pancholi.
On February 16, the court had formulated the broad issues to be adjudicated by the nine-judge bench.
“Whether the test laid down in paragraphs 140 to 144 in the opinion rendered by Justice V R Krishna Iyer in Bangalore Water Supply and Sewerage Board’s case (of 1978) to determine if an undertaking or enterprise falls within the definition of ‘industry’ lays down correct law?
“And whether the Industrial Disputes (Amendment) Act, 1982 (which seemingly did not come into force), and the Industrial Relations Code, 2020 (with effect from November 21, 2025), have any legal impact on the interpretation of the expression ‘industry’ as contained in the principal Act?” the bench had asked.
It had said one of the issues to be adjudicated by the nine-judge bench would be whether social welfare activities and schemes or other enterprises undertaken by the government departments or their instrumentalities can be construed to be “industrial activities” for the purpose of Section 2(j) of the Industrial Disputes Act, 1947.
The top court had granted further opportunity to the parties to update their written submissions or submit fresh consolidated written submissions by February 28.
It had said the nine-judge bench would commence hearing on March 17 and the same shall be concluded on March 18. PTI
