With the help of decided case/reason, briefly enumerate whether the following activities can be treated as an industry: (i) The ICSI, New Delhi, (ii) Central Jail (iii) A temple in which the activities of Dharma, Dhyan,
CS Professional · Labour Laws & Practice · PYQS · December 2021
With the help of decided case/reason, briefly enumerate whether the following activities can be treated as an industry: (i) The ICSI, New Delhi, (ii) Central Jail (iii) A temple in which the activities of Dharma, Dhyan, Bhakti and Puja are carried out, (iv) A Registered Trade Union.
Answer & Explanation:
(i) The ICSI, New Delhi : The ICSI is an industry within the meaning of section 2(j) of the Industrial Disputes Act, as test laid down in Bangalore Water Supply Case . As regards institutions, if the triple test of systematic activity, cooperation between employer and employee and production of goods and services were to be applied, a university, a college, a research institute or teaching institutions will be "Industry". (ii) Central jail : Central Jail is not an industry. Maintenance of law and order is a sovereign function which strictly understood alone qualifies for exemption under the definition of Industry. (iii) A Temple in which the activities of Dharma, Dhyan, Bhakti and puja a carried out is not an industry as held in the case of Manager, Shri Panchasara jain derasar vs. Mahamandkha Gajikha Baloch, 1993 LLJ 523 . Since it falls under the inner satisfaction the triple test is not applicable in religious activities if they are merely for the satisfaction/peace for devotee. (iv) A registered trade union cannot be held as an industry as it is meant for self-regulation of its members. Further the services for this registered trade union are voluntary and they are not undertaking any commercial activities.
Topics: Industrial Disputes Act, 1947
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