SC’s 5:4 verdict refines 48-yr-old ‘industry’ test but protects pending disputes
The bench also upheld, by a majority, the maintainability of reference that had brought 1978 landmark Bangalore Water Supply & Sewerage Board Vs A Rajappa judgment back for reconsideration
The Supreme Court, in a 5-4 decision, refined the definition of "industry" under the now-defunct Industrial Disputes Act, while safeguarding the status of pending disputes. The bench, led by Chief Justice of India Surya Kant, unanimously agreed to maintain all existing litigation based on the "triple test" established in the 1978 Bangalore Water Supply & Sewerage Board Vs A Rajappa judgment.
The court also clarified that its ruling would not influence the interpretation of the Industrial Relations Code, 2020, and that challenges to the new code could be addressed independently.
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