A Supreme Court constitution bench has ruled that the repeal of the Industrial Disputes Act, 1947, will not impact the definition of 'industry' under the law. The nine-judge bench is examining the correctness of a 1978 ruling that gave an expansive definition to the term.
The court said its interpretation of the Act will apply to pending industrial disputes across courts, and that the doctrine of prospectivity cannot be applied to repealed statutes except revenue statutes.
The bench, headed by Chief Justice of India Surya Kant, noted that labourers and workers have had hopes, reliefs, and benefits for decades and should not be taken away.
Senior advocate Indira Jaising argued in favour of sustaining the 1978 judgment, saying it gives a broad definition of industry to all activities involving an employer-employee relationship.
The court has posted the matter for further hearing on Thursday, hoping to conclude arguments and reserve judgments after hearing from other stakeholders and the amicus curiae.
