The Supreme Court to Clarify the Definition of “Industry”

 

New Delhi, IFWJ Headquarters
Circular No. 5/2026

Comrades,

The Nine-Judge Constitution Bench of the Supreme Court of India has concluded three days of hearing in
Bangalore Water Supply and Sewerage Board v. A. Rajappa and State of U.P. v. Jai Bir Singh.

Your organisation, the Indian Federation of Working Journalists (IFWJ), presented its submissions through the Secretary-General, who is also an Advocate-on-Record before the Supreme Court of India.

The IFWJ strongly emphasised the Triple Test theory of “industry”, as laid down by Justice V. R. Krishna Iyer in the landmark seven-judge bench decision of 1978. The test lays down three essential conditions:

1.      Systematic Activity – The activity must be organised and structured (e.g., factory, hospital, educational institution).

2.      Employer–Employee Relationship – There must exist cooperation between employer and employees, irrespective of profit motive.

3.      Production/Distribution of Goods or Services – The activity must aim at satisfying human wants or needs, including sectors such as healthcare, education, and transport.

Justice Krishna Iyer had also clarified those sovereign functions of the State—such as police, judiciary, and core governmental functions—as well as domestic services, fall outside the scope of “industry.”

The IFWJ highlighted that, from the perspective of workers, the nature of the institution—whether charitable, religious, or educational—is immaterial. For instance, if hundreds of workers are engaged in preparing laddoos for the Tirupati Temple, they should be afforded protection under labour laws, just like workers in any commercial establishment. Similarly, a driver’s entitlement to protection should not depend on whether he is employed by a school, a factory, or any other institution.

Following the decision in Bangalore Water Supply, several cases raised concerns about the breadth of the definition. In State of U.P. v. Jai Bir Singh (2005), a Constitution Bench referred the issue to a larger bench. Subsequently, in 2016, then Chief Justice T. S. Thakur recommended that the matter be placed before a Nine-Judge Bench.

After nearly four decades, the present Chief Justice has constituted the Nine-Judge Bench to finally settle the law. A definitive and authoritative interpretation of “industry” is now expected.

The IFWJ also opposed the subsuming of the Working Journalists Act under the Occupational Safety, Health and Working Conditions Code, 2020, and advocated for an expanded scope to include journalists working in electronic, digital, and social media.

The Bench is headed by the Chief Justice of India and comprises Justices B. V. Nagarathna, P. S. Narasimha, Dipankar Datta, Ujjal Bhuyan, Satish Chandra Sharma, Joymalya Bagchi, Alok Aradhe, and Vipul M. Pancholi.

Thanking you,
With greetings on the occasion of Navratri and Eid al-Fitr.

Sincerely yours,
Paramanand Pandey

 

 

Judiciary is, without doubt, neck-deep in corruption and needs to be cleaned

A few of my friends have drawn my attention to my earlier post that the credibility of the judiciary is at its ebb, although it still enjoys more trust from the people than any other organs of governance. A harassed person, tired of everywhere, has nowhere to go except the judiciary to get some relief. But it is equally true of other departments. For example, corruption in hospitals and in the field of medicine is known to everybody, yet we still go to hospitals, private clinics and doctors, knowing the fact that a common man is bound to be cheated by them, but they still go to them because there is no alternative left for them.

So much so. Even in the field of education, a common person is cheated. They know it, but there is no alternative as the TINA factor works. Most of the good schools and educational institutions not only charge hefty fees but also demand huge donations for admissions. Teachers do not properly teach the students, driven by the greed of earning money in the name of private tuition. But even then, one sends their children to the schools and institutions at the pain of extortion by them. Therefore, it makes no sense that courts are still considered the last hope of the general public. But then, it does not mean that courts should not be subjected to public criticism,

When speaking of the judiciary, we do not mean only the High Courts and the Supreme Court. There is hardly any doubt that the system is neck-deep in corruption. Go to any district or Tehsil, where you cannot get even the next dates of hearings or any basic information without bribing the clerks, who sit barely a few feet away from the seat of the judges. Corruption in the judiciary does not mean only the judges of the higher judiciary; it concerns the entire system of the judiciary, including orderlies and clerks to judges. Therefore, the judges should not be unnecessarily thin-skinned; instead, they should seriously consider how to restore the people's confidence.

The trust and respect of the common man cannot be restored by instilling fear among them by using the sword of contempt of the court, but by removing the drawbacks and dirt, which are there to be seen by one and all. Cleanliness in the judicial system is the need of the hour, but it cannot be achieved by keeping all the doors and windows tightly shut. It can be done only by involving the common man.