(IN) OP Mathotra: The Law of Industrial Disputes, Te 2015 ‘This proviso is in the nature of an explanation, whereby itis clarified that merely on account of the fact that a person is a share-holder in an incorporated company, which is connected with, at is likely to be affected by, such an industrial dispute, he shall not cease to be “independent”. He is, however, required to disclose to the ‘appropriate government”, the nature and ‘extent of the shares held by him in the incorporated company as Soon as he receives the order of reference of the industrial dispute, which is connected with or likely to affect such company. Legislation ‘There was no definition of enacted in the IDA. Though this definition has not undergone any amendment, it has unde imterpretations.. industry” in the Trade Disputes Act 1929. The present definition continues to be as original ne variegated judicial ‘This definition is based on s 4 of the Commonwealth Conciliation and Arbitration Act 1904-25 of Australia, which reads thus: (© Any busines, trade, manufacture, undertaking or calling of employers on Iand or water: (G) any calling, service, employment, handicraft or industrial occupation or avocation of employees on land or water; and (Gi) a branch of an industry and group of industes. Hence, in construing the definition and opinion-making, the courts have heen influenced by the Australian decisions.* Australian cases with a text book approach is perhaps not noticed, as in a great body of those cases, the problem presented in its many facets and the approach was pragmatic ‘The Amending Act 46 of 1982, which also. amended the definition of ‘industry’, has been substantially brought into force wef 21 August 1984. But the definition of ‘industry” has not been brought into force so far. In Des Raj, speaking for the court, RN Mishra J, lamented: Which have been sub rosa all the time. Difficulty. however, in usis “Though almost six years have elapsed since the amendment came on the statute book, it has not been enforced yet. Bare Acts and commentaries on the Industral Disputes Act have, however, brought in the new definition by deleting the old ane, with a note that of Krishna Iyer J. Sefinition “is ordinarily, the crystallization of a legal concept, promoting precision and rounding off blurred edges but, alas, the definition ins 24), viewed in retrospect, has achieved the apposite” the new provision has yet to come into force. This situation has further added tothe confusion. In the la Industey ‘The definition of ‘industry’ in this clause is both exhaustive and inclusive and is ambivalently comprehensive in scope. I is in two pasts, The 3g, manufacture or calling of employees" and then goes on to say that it includes any calling, service, employment handicraft or industrial occupalzon or avocation of st part says that it means any business, trade, undertakis workmen Thus, one past defines it from the standpoint of the employer; the other from the standpoint of the employees. ‘The first part of the definition ly refers 1a. several other items of industry and brings .es the statutory meaning of industry, whereas the second part deliber them in the definition én an inclusive way.’ The first part of the del ‘of certain activities. The activities are determines an industry by reference to the occupation of the employers in resp specified by five woeds, namely. ‘business, ‘trade’ “undertais scope of the word ‘industry’ and they desceibe what the cognat significance or denotation of the term.* “ manufacture’ or ‘calling’. These words deterntine the expression ‘industrial’ is intended to convey. This is the ‘Business’ is a word of wide import.’ This expression is wider than the term “trade” and is not synonymous with it, and means practically ‘anything which is not an occupation, as distinguished from pleasure’® ‘mological or dictionary sense, but in ssnaller shopkeeper just as well as that of a commercial magnate, whil in ils primary meaning I usage as well, a term of a wide scope: it may mean the occupation of a rade S an “exchange of goods for goods of goods for money” and in its secondary meaning, it #8 ‘any business carried on with a view to profiting, whether manual or mercantile, 2s distinguished from the liberal arts or learned professions or from agriculture’ The occupation of men in buying and selling, barter or commerce, is generally considered as “trade”. Occasionally, some work, especially skilled work, is also considered a ‘trade’. eg, the trade smith, But in another sense, a “trade” would include only persons in a particular line of business, in Which persons are may also mean a skilled craft The word Page 2 of 41