The Supreme Court ruled that when an establishment carries out multiple activities, its dominant function determines whether the establishment constitutes an industry under the Industrial Disputes Act. If the dominant function is not commercial, workers can still receive benefits under the Act.
The judgment significantly expanded labour protections by broadening the definition of ”industry,” allowing more workers, including those in sectors previously excluded, to benefit from the protections provided under the Industrial Disputes Act.
The Supreme Court defined ”industry” as any activity that involves systematic cooperation between an employer and employees for the purpose of producing or distributing goods and services, regardless of whether it is profit-oriented or not.
In the 2009 case, the Supreme Court ruled that when apartment owners’ societies employ workers for personal services to members, these workers do not qualify as ”workmen” under the Industrial Disputes Act, and the society is not considered an ”industry.”
The Works Committee under the Industrial Disputes Act is a body formed by the employer to address grievances and promote amicable relations between the employer and employees. It plays an important role in creating a cooperative work environment but does not have the authority to make binding decisions on industrial disputes related to layoffs or retrenchment.
1 | The Code on Wages | A. Employees Compensation Act |
2 | Industrial Relations Code | B. The Equal Remuneration Act |
3 | The Code on Social Security | C. The Trade Unions Act |
4 | Code on Occupational Safety Health and Working Conditions | D. The Contract Labour Regulation Act |
I. Breeders Rights | A. Section 30 |
II. Researchers Rights | B. Section 41 |
III. Farmers Rights | C. Section 28 |
IV. Rights of Communities | D. Section 39 |