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Case analysis on Bangalore Water V. R Rajappa

 

  • Introduction: The landmark judgement given in the case of Bangalore Water Supply v. R. Rajappa was a huge step towards the definition of Industry. Due to lack of statutory definition, the term industry has been misinterpreted in a very negative way. And because of that, governments, organizations and other association have used it for their own benefits. But with the gradual development and court rulings, this term has been expanded widely. The above mentioned landmark case was a turning point in the wide scope of definition of industry.

  • What is Industry? 

  • There are many definitions of industry. But in simple words, Industry means an organization where there is cooperation between workers and employees related to production of goods and services.

  • Section 2(j) gives the definition of industry which was explained by the supremecourt in Bangalore Water Supply Case. The court gives three test and held any activity will be industry if it fulfills three tests .

  • Issue: As, there was ambuigity in the definition of industry, there are many exploitation on workers and employees. Inconsistent court rulings and judgements made the issure more complicated as there was not any definite meaning as what constitue industry and who are the members of industry. Unpaid wages, overloaded work schedule, doing overtime jobs etc led to chaos in the definition of industry. Both workers and employees, try to dominate each other in the work field as to lead dispute eventually. Since, Labour is included in the concurrent list, both central and state government have used for their political benefit.

  • Case: Bangalore Water Supply v. R. Rajappa AIR 1978 SC 553This case changes all the previous judgements what were made on Industry. It is a leading judgement which ultimately removes ambiguity, doubt, confusion regarding the definition of Industry. This judgement overrulled all the previous judgements. V.R. Krishna Iyer,  includes government departments within the ambit of industry  [Section 2 (j) ]by stating that they work for people welfare hence it cannot be said government is releasing sovereign functions through government departments.He also said this applies for the hospitals as well as they are acting systematically and giving material services to patient. Regarding university, he said teaching staff are not 'workmen' but non-teaching staff are so they could take benefit of the said Act. Regarding club, he stated club members were not serving themselves, they hired employees to produce goods and services and hence clubs are withing the definition of industry.

  • Conclusion: In conclusion, it is evident that in India, Labour law is yet not that strong. Though, many case laws and judgments have helped in the development of industry, yet there are many places and villages where exploitation is still going on and on.There's no denial that, it has become immensely important to check the working conditions of employees and workers regularly. Industrial Law needs to be interpreted more clearly so neither employees nor worker could exploit each other in the field of work. With regular examination and strong law, the working conditions of workmen can be improved gradually.
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