SC nine-judge bench reserves verdict on definition of 'industry'
New Delhi (PTI): A nine-judge Constitution bench of the Supreme Court on Thursday reserved its verdict on the contentious issue of defining the word "industry" under the Industrial Disputes Act, 1947.
A bench headed by Chief Justice Surya Kant heard the submissions of various lawyers including Attorney General R Venkataramani, Additional Solicitor General K M Nataraj and others such as senior advocates Shekhar Naphade, Indira Jaising, C U Singh and Sanjay Hegde during the three-day-long hearing.
The bench, also comprising Justices B V Nagarathna, P S Narasimha, Dipankar Datta, Ujjal Bhuyan, Satish Chandra Sharma, Joymalya Bagchi, Alok Aradhe and Vipul M Pancholi, said it would examine the legal correctness of the 1978 judgment of a seven-judge bench giving an expansive interpretation of the term "industry" to govern labour relations.
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On February 21, 1978, a seven-judge bench delivered a verdict on the definition of the term "industry" while deciding the plea of Bangalore Water Supply and Sewerage Board and expanded the definition which brought millions of employees in hospitals, educational institutions, clubs and government welfare departments under the protection of the Industrial Disputes (ID) Act, 1947.
On February 16, the top 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 said.
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 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.
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No hurdle to increase Almatti Dam height, says Deputy CM Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Thursday said there is no legal impediment to issuing a notification for the Upper Krishna River Phase-3 project, including raising the height of the Almatti dam, and indicated that the state would soon take a decision after consultations.
Speaking to reporters here after his recent Delhi visit, he also said an all-party meeting may be convened in the state even as there was broad political consensus on taking up irrigation issues with the Centre.
“There is no legal hurdle to issuing a notification for increasing the height of the Almatti dam, and there is no stay order either, as stated by legal experts. We will take our own decision soon. An all-party meeting may also be convened in the State,” Shivakumar, who holds the water resource portfolio, said.
He said 24 Members of Parliament from Karnataka attended a meeting held in Delhi, cutting across party lines except the Janata Dal (Secular), where various irrigation issues were discussed.
“We stayed in Delhi for two days and held a meeting of the State’s Members of Parliament. A total of 24 MPs attended. Except for the Janata Dal (Secular), MPs from the BJP, Congress, Independents and nominated members were present. I briefed them about the status of several irrigation projects in the State,” he said.
Shivakumar said several leaders offered suggestions and an all-party delegation would meet the Prime Minister and the Union Water Resource Minister C R Patil.
“Jagadish Shettar, Govind Karjol, Basavaraj Bommai and P C Mohan offered certain suggestions. Union ministers from Karnataka V Somanna and Pralhad Joshi said they could not attend and requested another meeting. It has been decided to take an all-party delegation to meet the Prime Minister and C R Patil. There is consensus on this,” he said.
Referring to legal consultations, he said, “In this matter, our legal advisors Mohan Katarki, retired judge Nagamohan Das and the Advocate General have given some useful inputs. We will take a decision soon.”
On urban development issues, he said the State has taken up concerns with the Centre regarding building norms. “We have brought to the notice of the Civil Aviation Minister the differences in premium FAR and building height regulations between our state and others. We will soon meet the Defence Minister as well. We have explained the issues faced by our state, and all have responded positively,” he said.
On the proposal for a second airport in Bengaluru, Shivakumar said it would be examined by the Cabinet.
He said state Minister M B Patil has submitted a proposal, and opinions have also been given. It needs to be placed before the Cabinet to discuss the pros and cons.
Issues like land acquisition, finances and other aspects must be examined. A study has been conducted and a report submitted, he added.
The Deputy CM said central aviation authorities have also provided a report on global standards regarding building height restrictions. The state government will take a decision after reviewing that report.
On the upcoming assembly by-elections in Bagalkote and Davangere, Shivakumar, who is also the Congress Karnataka unit president, said candidate selection would be decided by the party high command.
“Over the last two months, I have collected reports from booth level to all levels. Our leaders have visited and given their opinions. I have also spoken to some people. AICC secretaries will arrive in the next two to three days. The Chief Minister and I have discussed what needs to be done in the two constituencies. I cannot disclose it publicly. We will present our views in the interest of the party. ‘B’ forms will be distributed as per the decision of the high command,” he said.
Ruling out any preference for family members, he said, "Family is not important here. The party must win and that is what matters."
He noted that multiple stakeholders, including minorities, have claims that need to be balanced through discussions.
Shivakumar also told reporters that discussions on Assam elections were held with party leaders and another meeting would be conducted through video conference, following which a campaign schedule would be finalised.
Responding to demands for a Cabinet reshuffle, Shivakumar said there was nothing wrong in aspirations.
On whether it would be a reshuffle or power-sharing exercise, he said, “Time will decide.”
He also declined to comment on reports of a separate meeting with Priyanka Gandhi.
“I will not discuss that. I will not reveal whom I met or what I discussed. Time will decide,” he said.
On AICC General Secretary K C Venugopal’s statement that there was no vacancy for the Chief Minister’s post, Shivakumar said, “Yes, he has said there is no vacancy. He has also said that the party and MLAs will take a decision.”
