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1 - 10 of 12 (0.23 seconds)State 0F Bombay & Others vs The Hospital Mazdoor Sabha & Others on 29 January, 1960
Two judges dissented from this view. They said that
bearing in mind the collocation of terms in which a
definition is couched and applying the doctrine of notice a
socials as pointed out in the Hospital Mazdoor Sabha's case
(supra), when two or more words are coupled together they
have to be understood as being used in their cognate sense
taking their color from each other. Meaning of a doubtful
word may be ascertained by reference to the meaning of the
words associated with it. Therefore, desire the width of the
definition of `industry' in Section 2(j) it could not have
been the intention of the legislature that hospitals run on
charitable basis or as a part of the functions of the
Government of local bodies like musicalities, and education
and research institutions whether run by private entities or
by Government, and liberal and learned professions like
doctors, lawyers etc, the pursuit of which is dependent upon
the individual's own education, intellectual attainments and
special expertise, should fall within the pale of the
definition. There were of he view that the definition is
limited to those activities systematically or habitually
undertaken on commercial lines by private entrepreneurs with
the co-operation of employees for the production or
distribution of goods or for rendering material service to
the community at large or a part of such community. They
observed that this Court had also in previous decisions felt
the necessity of excluding some callings, services and
undertakings from the purviews of the definition. Even the
variety was of the view that legislative exercise was
necessary to settle the position.
The Amending Act, 1897
The National, Union Of Commercial ... vs M. R. Meher, Industrial Tribunal, ... on 13 February, 1962
At the same, there has been another set of cases of
this Court and a number of High Court where a slightly more
restricted and conventional meaning has been given top the
term `industry' as defined in he Industrial Disputes Act.
For example, in National Union of Commercial Employees &
Anr. v. M.R. Meher, Industrial Tribunal, Bombay & Ors, (AIR
1962 SC 1080) the case of State of Bombay v. Hospital
Mazdoor Sabha (supra) was distinguished and it was held that
a liberal profession such as that of an attorney was to an
industry because that attorney does not carry on his
profession with the active co-operation of his employees. He
brings to bear his intellectual equipment on the work he
does.
University Of Delhi & Anr vs Ram Nath on 1 April, 1963
(a) Where a complaint of
activities, some of which qualify
for exemption, others not, involves
employees of the total
undertakings, some of whom are not
`workmen' as in the University of
Delhi case (supra) or some
departments are not productive of
goods and services if isolated,
even then, the predominant nature
of the services and the integrated
nature of the departments as
explained in the Corporation of
Nagpur whole undertaking will be
`industry' although those who are
not `workman' by definition may
not, benefit by the status.
D. N. Banerji vs P. R. Mukherjee And Others on 5 December, 1952
In one of the early cases before this Court, D.N.
Banerji v. P.R. Mukherjee (AIR 1953 SC 58), a Bench of five
judges considered the question whether a municipal
corporation could be considered as an industry and the
dispute of its employees with it could be considered as an
Industrial dispute. The Court observed (para 13) that the
words `Industrial dispute' convey the idea of a dispute that
would affect large groups of workmen and employers ranged
on opposite sides, on some general questions on which each
group is bound together by a community of interests - such
as wages, bonus, allowance, working hours and so on. In
branches of work of a municipality analogous to carrying on
of a trade or business, the dispute can be considered as an
Industrial dispute.
Cricket Club Of India Ltd vs The Bombay Labour Union & Another on 7 August, 1968
Following the same judgment, in the Cricket Club of India v.
Bombay Labour Union and Anr. (AIR 1969 SC 276), the Cricket
Club of India was held not to be an industry.
Bangalore Water-Supply & Sewerage ... vs R. Rajappa & Others on 21 February, 1978
Since the difficulty has arisen because of the judicial
interpretation given to the definition of `industry' in the
Industrial Disputes Act, there is no reason why the matter
should not be judicially re-examined. In the present case,
the function of the Coir Board is to promote coir industry,
open markets for it and provide facilities to make coir
industry's products more marketable. It is not set up to run
any industry itself. Looking to the predominant purpose for
which it is set up we would not call it an industry.
However, if one were to apply the tests laid down by
Bangalore Water Supply and Sewerage Board's case (supra), it
is an organization where there are employers and employees.
The organization does some useful work for the benefit of
others. Therefore, it will have to be called an industry
under the Industrial Disputes Act.
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
Secretary, Madras Gymkhana Club ... vs Management Of The Gymkhana Club on 3 October, 1967
The same position had been earlier reiterated by a
three judge Bench of this Court in the case of Madras
Gymkhana Club (supra) where also this Court had interpreted
the definition of industry as being in two parts. In its
first part, it means any business, trade, undertaking
manufacture or calling of employers. This part of the
definition determines an industry by reference to occupation
of employers n respect of certain activities. There
activities are specified by five words and they determine
what an industry is and what the connote expression
"industrial" is intended to convey. The second part views
the matter from the angle of employees and is designed to
include something more in what the term primarily denotes.
By the second part of the definition, any calling, service,
employment, handicraft or industrial occupation or avocation
of workmen is included in the concept of an industry. This
part gives the extended connotation. This Court also said
that the word `undertaking' must be defined as any business
or any work or project which one engages in or attempts as
an enterprise analogous to business or trade.