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.

A nine-judge Constitution Bench of the Supreme Court has begun re-examining the test for what qualifies as an 'industry' under labour law, last settled in 1978. The question decides whether employees of hospitals, universities, charitable bodies, cooperative societies and clubs can invoke industrial adjudication when dismissed, or must instead rely on ordinary civil courts or service rules.

This threshold issue determines access to protections like industrial tribunals, safeguards against retrenchment, and reinstatement with back wages. Because the definition of 'industry' governs who counts as a 'workman' under industrial law, it directly shapes the scope of labour rights and the reach of the welfare state into non-traditional workplaces.

Remember: this is the first time in nearly five decades that a bench this large (nine judges) is revisiting the 'industry' test, showing its constitutional significance for labour jurisprudence and access to justice for employees outside conventional industrial settings.