It is not an industry under the Industrial Disputes Act. B.Saikumar HR& Labour Law Advisor Mumbai
From India, Mumbai
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1931From India, Mumbai
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Halsburyslaw asking this question!! Quite ironic, isn't it?
Definition of Industry under Section 2 (j)
The definition of the industry in Section 2 (j) shows that it has been divided into two parts. The first part says what an industry means, and the second part says what industry includes. Thus, the definition is exhaustive as well as inclusive.
The first part means any (i) business, (ii) trade, (iii) undertaking, (iv) manufacture, or (v) calling of employers.
The second part includes any (i) calling, (ii) service, (iii) employment, (iv) handicraft, or (v) industrial occupation, or (vi) avocation of workmen.
The first part defines it in relation to the activities of the undertaking, i.e., the employer, while the second, in relation to the nature of the work done by the employees, gives an extended connotation. This part standing alone cannot define what an industry is. In either case, the activity, whether of the undertaking or the employees of that undertaking, is to be determined in relation to its being a business, trade, undertaking, manufacture, or calling of employers.
Principles of Interpretation
Your query falls under the two principles of the definition: the principle of noscitur a sociis and ejusdem generis in interpreting the expression used in the definition of industry, in the leading judgment while holding that domestic employment cannot fall within the scope of "industry."
Hence, keeping that in view, Krishna Iyer, J., the learned judge, stated the law relating to domestic and private employment in the following words:
"The image of industry or even quasi-industry is that of a plurality of workmen, not an isolated or single little assistant or attendant. The latter category is more or less like a personal avocation for livelihood, taking some paid or part-time from another. The whole purpose of the Industrial Disputes Act, 1947, is to focus on the resolution of industrial disputes and regulation of industrial relations and not to meddle with every little carpenter in a village or blacksmith in a town whose is with his son or assistant to work for the customer who trek in. The ordinary spectacle of a cobbler and his assistant or a cycle repairer with a helper, we come across on the pavement, of cities and towns, repels the idea of 'industry' and industrial disputes. For their reason, which applies along the line, to small professions, petty handicraftsmen, domestic servants, and the like, the solicitor or doctor or rural engineer, even like the butcher, the baker, and the candlestick maker, with an assistant or without, does not fall within the definition of 'industry.'"
Case Examples
Jain Temple is NOT an industry as defined under Section 2 (j) of the Industrial Disputes Act, 1947. (Mahamadkha Gajika Baloch Vs Manager, Panchasara Jain Derasar 1994-II-LLJ 1051 (SC))
The court, diverting from its previous view, held that Baba Balak Nath Temple Trust running the affairs of the temple is an INDUSTRY. (Jagbir Singh and ors and state of H.P. and ors Vs Rakesh Kumar and ors and Comm-cum-Dy Comm. Baba Balak Nath Temple Trust and ors. 1999-II-LLJ 304 (HP))
Church and Professional Definition
NOW, coming to the Church part, the word 'profession' used to be confined to the three professions: the Church, Medicine, and Law. (Commissioners of Inland Revenue Vs. Maxse [1919] I K.B. 647 (657))
THESE PROFESSIONALS would fall within the definition of "industry" if they fulfill the triple test, viz.,
1. Systematic activity,
2. Organized by cooperation between the employers and the employees, and
3. The production or distribution of goods and services calculated to satisfy human wants and wishes.
The only exception indicated is where a single lawyer may be plying his profession with a little assistance or a menial servant because in such an employment there would be nothing like organized labor. (B.W.S.S.B. Vs A. Rajappa's Case)
Now, you decide and tell me whether the temple or the church you are referring to falls under the definition of INDUSTRY or not? If you are interested in further discussions on the same, you are welcome...
From India, Bangalore
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Definition of Industry under Section 2 (j)
The definition of the industry in Section 2 (j) shows that it has been divided into two parts. The first part says what an industry means, and the second part says what industry includes. Thus, the definition is exhaustive as well as inclusive.
The first part means any (i) business, (ii) trade, (iii) undertaking, (iv) manufacture, or (v) calling of employers.
The second part includes any (i) calling, (ii) service, (iii) employment, (iv) handicraft, or (v) industrial occupation, or (vi) avocation of workmen.
The first part defines it in relation to the activities of the undertaking, i.e., the employer, while the second, in relation to the nature of the work done by the employees, gives an extended connotation. This part standing alone cannot define what an industry is. In either case, the activity, whether of the undertaking or the employees of that undertaking, is to be determined in relation to its being a business, trade, undertaking, manufacture, or calling of employers.
Principles of Interpretation
Your query falls under the two principles of the definition: the principle of noscitur a sociis and ejusdem generis in interpreting the expression used in the definition of industry, in the leading judgment while holding that domestic employment cannot fall within the scope of "industry."
Hence, keeping that in view, Krishna Iyer, J., the learned judge, stated the law relating to domestic and private employment in the following words:
"The image of industry or even quasi-industry is that of a plurality of workmen, not an isolated or single little assistant or attendant. The latter category is more or less like a personal avocation for livelihood, taking some paid or part-time from another. The whole purpose of the Industrial Disputes Act, 1947, is to focus on the resolution of industrial disputes and regulation of industrial relations and not to meddle with every little carpenter in a village or blacksmith in a town whose is with his son or assistant to work for the customer who trek in. The ordinary spectacle of a cobbler and his assistant or a cycle repairer with a helper, we come across on the pavement, of cities and towns, repels the idea of 'industry' and industrial disputes. For their reason, which applies along the line, to small professions, petty handicraftsmen, domestic servants, and the like, the solicitor or doctor or rural engineer, even like the butcher, the baker, and the candlestick maker, with an assistant or without, does not fall within the definition of 'industry.'"
Case Examples
Jain Temple is NOT an industry as defined under Section 2 (j) of the Industrial Disputes Act, 1947. (Mahamadkha Gajika Baloch Vs Manager, Panchasara Jain Derasar 1994-II-LLJ 1051 (SC))
The court, diverting from its previous view, held that Baba Balak Nath Temple Trust running the affairs of the temple is an INDUSTRY. (Jagbir Singh and ors and state of H.P. and ors Vs Rakesh Kumar and ors and Comm-cum-Dy Comm. Baba Balak Nath Temple Trust and ors. 1999-II-LLJ 304 (HP))
Church and Professional Definition
NOW, coming to the Church part, the word 'profession' used to be confined to the three professions: the Church, Medicine, and Law. (Commissioners of Inland Revenue Vs. Maxse [1919] I K.B. 647 (657))
THESE PROFESSIONALS would fall within the definition of "industry" if they fulfill the triple test, viz.,
1. Systematic activity,
2. Organized by cooperation between the employers and the employees, and
3. The production or distribution of goods and services calculated to satisfy human wants and wishes.
The only exception indicated is where a single lawyer may be plying his profession with a little assistance or a menial servant because in such an employment there would be nothing like organized labor. (B.W.S.S.B. Vs A. Rajappa's Case)
Now, you decide and tell me whether the temple or the church you are referring to falls under the definition of INDUSTRY or not? If you are interested in further discussions on the same, you are welcome...
From India, Bangalore
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Despite man's endeavors or constant search for absolute answers, certain questions tend to be asked repeatedly. Whether a church or a temple is an industry, or what an industry is, are among the oft-repeated questions in the legal circle due to the simple reason that there are contradictory judgments from the highest court on these questions.
Interpreting "Church" or "Temple" and "Industry"
Let's set aside law and courts for a moment and try our best to interpret the terms "church" or "temple" and "industry" without any external influence, whether legal or otherwise. To me, it appears, in a purely intellectual approach, that a "church" or "temple" signifies a "place" of joint worship for the community. Its emergence and existence are the collective responsibility of the community. Once founded, some individuals, disowning personal worldly attachments, must be entirely dedicated to its operation. Thus, the evolution of the order of priesthood occurred. Whatever they started doing in their wisdom for the continuous existence of the institution attained the flavors of religiosity and charity.
However, institutions like the Basilica of Our Lady of Health and the temple of Lord Venkatesa of Thirumala, for instance, due to their magnitude of operations and the multitude of people engaged, become targets of scrutiny when construing the concept of "industry" as it is currently understood. Therefore, I solicit further responses from the learned members.
From India, Salem
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Interpreting "Church" or "Temple" and "Industry"
Let's set aside law and courts for a moment and try our best to interpret the terms "church" or "temple" and "industry" without any external influence, whether legal or otherwise. To me, it appears, in a purely intellectual approach, that a "church" or "temple" signifies a "place" of joint worship for the community. Its emergence and existence are the collective responsibility of the community. Once founded, some individuals, disowning personal worldly attachments, must be entirely dedicated to its operation. Thus, the evolution of the order of priesthood occurred. Whatever they started doing in their wisdom for the continuous existence of the institution attained the flavors of religiosity and charity.
However, institutions like the Basilica of Our Lady of Health and the temple of Lord Venkatesa of Thirumala, for instance, due to their magnitude of operations and the multitude of people engaged, become targets of scrutiny when construing the concept of "industry" as it is currently understood. Therefore, I solicit further responses from the learned members.
From India, Salem
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