A nurse in a charitable hospital, a clerk at a cooperative society, a coach at a members' club, a lab assistant at a university — if any of them is dismissed, the very first question their lawyer must answer is not whether the dismissal was fair, but whether their employer is an 'industry' at all. If it is, they can approach an Industrial Tribunal, invoke protections against retrenchment, and potentially get reinstated with back wages. If it is not, they are often left to the mercy of ordinary civil courts, service rules, or nothing at all. This unglamorous definitional question has just been placed before nine judges of the Supreme Court, the largest bench to consider it in nearly five decades.
Why Nine Judges Are Deciding What Counts as an 'Industry' — And Why It Matters to Every Employee
A nine-judge Constitution Bench of the Supreme Court has begun re-examining the 1978 test for what counts as an 'industry' under labour law, a question that decides whether hospitals, universities, charities and clubs owe their staff the protections of industrial adjudication.
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Reporting sources: Supreme Court nine-judge Constitution Bench commences hearing on defin…