Case Note & Summary
The case arose from a dispute between the National Union of Commercial Employees and a firm of solicitors regarding a claim for bonus made by the employees for the years 1956 and 1957. The State Government referred the dispute to an Industrial Tribunal under the Industrial Disputes Act, 1947. The respondents contended that their profession did not qualify as an industry under section 2(j) of the Act, leading to a preliminary objection that the Tribunal lacked jurisdiction. The Tribunal upheld this objection, stating it had no jurisdiction to adjudicate the dispute. The appellants challenged this decision in the Bombay High Court, which agreed with the Tribunal's conclusion. Subsequently, the appellants sought a certificate from the High Court to appeal to the Supreme Court. The Supreme Court examined whether the solicitors' work could be classified as an industry. It referenced previous judgments, particularly the Hospital case, which established a working test for defining industry based on the cooperation between capital and labour. The Court concluded that the work of solicitors is fundamentally individualistic and does not involve the necessary cooperation to be classified as an industry. Therefore, the appeal was dismissed, affirming the lower courts' decisions. No order was made regarding costs.
Headnote
A) Industrial Law - Definition of Industry - Solicitors' Work Not an Industry - Industrial Disputes Act, 1947, Section 2(j) - The Supreme Court held that the work of solicitors does not constitute an industry as defined under the Act, emphasizing that the essential basis of an industrial dispute is the cooperation between capital and labour, which is absent in the case of liberal professions like solicitors. The Court reasoned that the professional service rendered by solicitors is individualistic and does not involve the direct cooperation necessary to satisfy the definition of 'industry' under the Act. (Paras 1-2).
Issue of Consideration
Whether the work of solicitors constitutes an industry under section 2(j) of the Industrial Disputes Act, 1947.
Final Decision
The Supreme Court dismissed the appeal, affirming that the work of solicitors does not constitute an industry under section 2(j) of the Industrial Disputes Act, 1947, and no order was made regarding costs.
Law Points
- definition of industry
- industrial dispute
- professional service
- co-operation between capital and labour
