Supreme Court judge's dissent warns of risk to labour law protections

A nine-judge bench of the Supreme Court recently ruled on the meaning of 'industry' under the Industrial Relations Code 2020, overturning a 1978 judgment in the case Bangalore Water Supply and Sewerage Board v. R. Rajappa. Justice B.V. Nagarathna dissented from the majority, writing a 147-page opinion.

In her dissent, Justice Nagarathna warned that dismantling the expansive definition of 'industry' established in the 1978 judgment may give free rein to what she called the "skewed bargaining power" that private sector and corporate employers hold over workers. She questioned whether the majority's decision to wipe the slate clean of the earlier judgment could unleash a "supercharged" version of that imbalance.

The dissent also looked to the future, expressing concern about how industrial disputes under the new Industrial Relations Code 2020 would be handled when they reach courts. The article does not provide details of the majority's new definition or the exact date of the ruling.