Amendment definition of industry


Industry.-‘Industry’ means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contract) for the production, supply or distribution of goods or services with a view to satisfy human wants or (wishes not being wants or wishes which are merely spiritual or religious in nature). whether or not,-

(a) any activity of the Dock Labour Board established under Section 5-A of the Dock Workers (Regulation of Employment) Act, 1948;

(b) any activity relating to the promotion of sales or business or both carried on by an establishment,

(1) any agricultural operation except where such “agricultural operation” is carried on in an integrated manner with any other activity (being any such

(ii) such activity is carried on with a motive to make any gain or profit, and includes-

but does not include-

(i) any capital has been invested for the purpose of carrying on such activity: or

activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.

Explanation. For the purposes of this sub-clause “agricultural operation” does not include any activity carried on in a plantation as defined in clause (f) of Section 2 of the Plantation Labour Act, 1951; or

(2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or

(4) institutions owned or managed by organisation wholly or substantially engaged in any charitable, social or philanthropic service; or

(5) khadi or village industries; or

(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or

(7) any domestic service; or

(8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individual or body of individuals in relation to such profession is less than ten ; or

(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals also in relation to such activity is less than ten.

The Industrial Disputes (Amendment) Act, 1982 enacts altogether a new definition of Industry. This amended definition has not been enforced till now. It nullifies the effect of many judicial decisions and attempts to clarify the conflicting views arising out of different interpretations of the word ‘industry’ adopted by the Supreme Court in various cases. On account of conflicting judicial decisions it had become difficult to understand the meaning of the word industry. The amended definition to a great extent incorporates the views of the Supreme Court expressed in Bangalore Water Supply v. A. Rajappa.

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