Case Analysis: State Of Bombay V. The Hospital Mazdoor Sabha

Anvesha Agarwal, Symbiosis Law School, NOIDA

Citations : (1960) AIR 610, 1960 SCR (2) 866 Bench: P.B. Gajendragadkar, J; K. Subbarao, J; KC Das Gupta, J

INTRODUCTION

To prevent industrial unrest, enable the peaceful settlement of labour disputes, and safeguard workers from being exploited and mistreatment by their employers, the Industrial Disputes Act 19471 was established. This act deals with industrial disputes, compensation, retrenchment, notice requirements, etc. The aforementioned act also describes words such as “Industry” and widens the scope to include a vast range of operations. The term "industry" under the amended act refers to any systematic activity carried out by an employer and his employees for the production, supply, or distribution of goods or services with a view to fulfill human wants or wishes.

Prior to the amendment the term “industry” meant any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. This definition is broad and wide in its ambit. Moreover, this definition is ambiguous and vague.

According to Section 2(j) of the Act, the term "industry" has a very broad and detailed definition. It also encompasses a variety of governmental tasks, but excludes the primary duties of the government, i.e., the sovereign duties, because these duties are necessary for the socioeconomic development of the State.