Define the term industry as per industrial dispute act 1947
Answers
Industrial dispute act 1947 came into effect immideatly after independence and the object of the act to provide for effective machinery for investigation and settlement of industrial disputes. section 2(j) of the act of 1947 provides for definition of industry.
Answer:
ndustrial Disputes Act, 1947 came into effect immediately after independence and the object of the Act was to provide for effective machinery for investigation and settlement of industrial disputes. Section 2(j) of the Act of 1947 provides for definition of Industry.
The definition of Industry as provided in Section 2(j) of the Industrial Disputes Act, 1947 reads as under,
“Industry” means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen;”
No write up on the subject, in the backdrop of labour laws in India, is possible without referring to the land mark judgement of the Hon’ble Supreme Court, Bangalore Water Supply and Sewerage Board V/s A. Rajappa and Ors., decided on 21.2.1978 and 7.4.1978. In this landmark judgement 7 judge bench of the Hon’ble Supreme Court considered pros and cons of the definition of Industry, referred earlier pronouncements and decided the scope of definition of Industry under the Industrial Disputes Act, 1947.
The judgement of the Hon’ble Supreme Court in the matter of Bangalore Water Works consists of 182 paragraphs and has considered all the previous cases on the subject. The summary of the judgement is as under –
a) Where (I) Systematic activity (II) Organised by Co-operation between employer and employee (III) For the production and/or distribution of goods and services calculated to satisfy human wants and wishes (inclusive of material things or services geared to celestial bliss i.e. making on large scale or Prasad or food is an industry)
b) Absence of profit motive or gainful objective is irrelevant, be the venture in the public, joint, private or other sector.
c) If the nature of activity is with special emphasis on employer, employee relationship and true focus is functional.
d) If the organisation is trade or business, it will be covered by the definition of Industry though organisation is philanthropic.