NEW DELHI: A nine-judge Constitution Bench of the Supreme Court is scheduled to begin hearing on Tuesday on the issue of defining the term “industry” under the Industrial Disputes Act, 1947.
The Bench will comprise Chief Justice of India 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 framed the broad questions to be decided 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 apex court had asked.
The court had said one of the questions for adjudication would be whether social welfare activities, schemes or other enterprises undertaken by government departments or their instrumentalities could be construed as “industrial activities” for the purposes of Section 2(j) of the Industrial Disputes Act, 1947.
It had also granted further time to the parties to update their written submissions or file fresh consolidated submissions by February 28.
The court had said the hearing before the nine-judge Bench would begin on March 17 and conclude on March 18.
In 2017, a seven-judge Constitution Bench headed by then Chief Justice of India T.S. Thakur had said the appeals should be placed before a nine-judge Bench in view of the “serious and wide-ranging implications” of the issue.
Earlier, in May 2005, a five-judge Bench of the apex court had referred the matter to a larger Bench on the interpretation of the word “industry” in Section 2(j) of the Industrial Disputes Act, 1947.
It had said the larger Bench would have to examine all legal questions in all dimensions and depth.
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