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Supreme Court Sets March 17–18 Hearing Before Nine-Judge Bench on Defining 'Industry'

The court will revisit the 1978 'triple test' to determine the reach of labour protections across public services.

Overview

  • The three-judge bench led by Chief Justice Surya Kant framed the questions for reference and said the nine-judge composition will be notified by administrative order.
  • Parties may update or file written submissions by February 28, with the matter listed for two days of arguments on March 17 and 18.
  • The bench will examine whether Justice V. R. Krishna Iyer’s 'triple test' in Bangalore Water Supply remains the correct law under Section 2(j) of the Industrial Disputes Act.
  • Key issues include whether social welfare schemes and government-run activities qualify as industrial activity and which state or sovereign functions fall outside the Act.
  • The court will also consider the legal effect, if any, of the unimplemented 1982 amendment and the Industrial Relations Code, 2020, against the backdrop of referrals in 2005 and 2017.