(IN) OP Mathotra: The Law of Industrial Disputes, Te 2015 employed as workmen. But the word as used in the statute must be distinguished from professions, although ev. professions have trade unions."! Though ‘trade’ is offen used in contrast with ‘profession’, ‘a pzofessional worker would not ordinarily be called a tradesman, But the word ‘trade’ is used in the widest application to the appellation ‘trade unions’ But an activity, whether it isa ‘trade’ or a “business’, will be an ‘industry’, because besh have been ineluded in the definition of an iralustry.* ‘The word ‘undertaking’ is the most elastic ofall the words used in fan ‘undertaking’ means “anything undertaken or any business, work or project which one eng enterprise’. The word ‘undertaking’ in the context of the definition, has been understood to m work o project which one en definition. According to the Webster's dictionary ges in or attempts as an ean “any business or any 1us to business or trade.!® Krishna Iyer J held: “To be analogous is to resemble in function relevant to the subject, a between like Features of two apparcatly different things. So, some kinship through resemblance to ‘trade’ or ‘business’ is the key to the problem..Partial similarity postulates selectivity of characteristics for comparability." “Manufacture” is a kind of a productive activity, in which the making of articles or materials, often on a large scale, is by physical labour or mechanical power." The word ‘call ia very wide word and it means one’s usual oceupation, vocation, business or trade." In ce ven very wide signification meaning “the way in which ‘a man passes his life’. According to Krishna Iyer J dn cases, the word has been An industry is continuity, an organised activity. a purposeful pursut-not any isolated adventure, desultory excursion or casual fecting engagement, motivelessly undertaken. Such is the common feature of a ‘trade’, ‘business’, ‘calling’, ‘manufactare™= ‘mechanical or handicrft-hased ‘service’, employment’ industrial occupation or avocation’. The expression ‘undertaking™ cannot be tom off from the words whose company it keeps. If birds ofa feather flock together and noceitur a soci is a commonsense suid tothe consruction the definition of an industy, “undertaking” must be read down to conform tothe restrictive characteristics shared by the society of words before and after iA wide meaning must fallin line and discordance must be excluded from a sound system * In an Australian ease, Isaacs J, speaking for the H h Court of Appeal, picturesquely illustrated th definition of ‘industry’ as 2 “business” (as a merchant) a ‘rade’ (as a cule), a ‘manufacture’ (as a flour miller), an “undertaking” (as a gas company), “callin (as an engineer) or a ‘service (asa carrer) or an ‘employment’ (a general tem lke ‘calling'—embracing some of the others, and intended to extend to vocations which might not be comprised in any of the rest) all of these expressions so. far indicating the occupation in which the principal. engaged, whether of land at water..if the occupation so descrbad is one in ‘which persone are employed for puy. hire, advantage, or reward, ie, as employees, then, with the exceptions stated, it is an industry" within the meaning ofthe Act! ‘The second past views the matter from the angle of the employees and is designed to include semething more than what the term primarily denotes. By this part of the definition, any ‘calling’, ‘employment’, “handicraft, “industrial occupation ‘or ‘avocation’ of warkmen, is included in the concept of an ‘industry’. This part gives an extended connotation to the word. The word ‘calling’ finds place in both the parts ofthe definition. In the First part, it refers to the employers and in the second part, to the Worksen. The word ‘service’ in the second part is again of a very wide import. The word ‘employment brings in the contract of service between the employer and the employee The word ‘handicraft’ means any manual labour exercised by way of trade or for purposes of gain in or incidental to the making of any article or a part of an The word ‘avocation’ is a word of wide si the way in which a man passes his life or spends his time. According to Fowler's Modern English usage, a person's avocations are the things he devotes his time to, his pursuits or engagements, in general, the affairs that he has 10 see. The word ‘occupation’ is a word of a still wider signification. In other words, what does not amount oa vocation, may amount to an occupation. The phrase ‘occupation or vocation’ is, however, qualified by the word ‘industrial’, which indicates that the “occupation ar avocation’ in which the workmen are employed should be of an “industrial character’. I is thus clear that the first part defines an industry in relation to the activities of the undertaking ie, the employer, while dae second defines it in relation to the work done by the employees, thus giving an extended connotation though this part standing alone, cannot define what an is “industry” is Discussing the two parts of the definition of an ‘industry’ in Gymkhana Club, the Supreme Court attempted to keep the two notions concerning the employers and the employees apart and expressed the opinion that the denotation of the term Page 3 of 41