A critical analysis of bangalore water supply decision: A bugaboo of an one-sided judicial interpretation concerning the meaning of 'industry'

Khamroi, Anubhav and Shrivastava, Anujay (2019) A critical analysis of bangalore water supply decision: A bugaboo of an one-sided judicial interpretation concerning the meaning of 'industry'. Journal of Global Research and Analysis, 8. pp. 1-5. ISSN 2278-6775

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Abstract

The 1978 judgement in Bangalore Water Supply & Sewerage Board, by a seven-judges bench of the Supreme Court, is a classic melange of statutory interpretation, constitutional law and public policy concerning industrial relations. The judgement is focused on the interpretation of the expression “industry” under Section 2(j) of the Industrial Disputes Act, 1947. Unlike the customary practice in judicial decision making, the aforesaid judgement is a peculiar culmination of different opinions drafted and pronounced at different times. Furthermore, the judgement has been widely criticized for judicial over-reach and making the definition of “industry” over-inclusive. Accordingly, the Paper attempts at bringing out the inconsistences in judicial interpretation and points out the primary deficiencies and limitations in Bangalore Water Supply decision, as has also been recognized in several subsequent decisions of the Supreme Court. The Paper highlights the need for predictability and consistency in judicial decision making, especially by the Supreme Court, which has gradually become a ‘sine qua non’ for any matured jurisdiction. The Paper concludes with two interesting modes of evaluation – (1) as evaluated by foreign courts with similar Labour laws and; (2) a Statistical evaluation.

Item Type: Article
Keywords: Bangalore Water Supply | Supreme Court of India | India | Industry | Sovereign Function | Dominant Nature | Labour Law | Employer | Employment Law | Industrial Dispute | Public Policy
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 20 Apr 2022 10:10
Last Modified: 21 Apr 2022 04:33
Official URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_i...
URI: https://pure.jgu.edu.in/id/eprint/2515

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