Supreme Court Constitution bench to commence hearing on definition of word 'industry' from March 17

New Delhi: The Supreme Court on Monday said that a nine-judge constitution bench will start hearing on the contentious issue in connection with the definition of the word 'industry' under the Industrial Disputes Act, 1947, from March 17, 2026.

A bench of Chief Justice of India Surya Kant, and Justices Joymalya Bagchi and Vipul M Pancholi formulated questions for consideration before the court.

The court asked concerned parties to update their written submissions or submit additional fresh written submissions on or before February 28, 2026. The bench made it clear that the matter will be heard on March 17 and 18.

The CJI-led bench observed that the following broad issues emerge: whether the tests laid down in the Justice Krishna Iyer in Bangalore Water Supply case would determine if any undertaking or enterprise falls within the definition of 'industry' lay down the correct law, and whether the ID (Amendment) 1982, which seemingly did not come into force, and the Industrial Relations Code 2020 have any legal impact on the interpretation given.

The bench said whether social welfare activities and schemes or other enterprises undertaken by government departments or their instrumentalities can be construed to be industrial activities for the purpose of Section 2(j) of the ID Act.

"What are the state activities which will be covered," the bench asked, while questioning whether such activities would fall outside the purview of Section 2(j) of the ID Act.

The bench also said it will consider any other question that may come up during the hearing.

In 2005, a five-judge bench referred the Bangalore water supply case to a larger bench, in State of Uttar Pradesh v. Jai Bir Singh. In 2017, a 7-judge bench referred the matter to a nine-judge bench, since the Bangalore water supply case was rendered by a seven-judge bench.