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Assertion (A) : The coverage of the term 'Industry' provided under Section 2(j) of the Industrial Disputes Act, 1947 has been widened by the Supreme Court in its Constitution Bench decision in Rajappa to subsume a number of activities that qualify the 'triple test' laid down therein.

Reason (R) : The Parliament through the Industrial Disputes (Amendment) Act, 1982 has also approved the Supreme Court's move on this point and accordingly changed the law.

  • A.Both (A) and (R) are correct
  • B.Both (A) and (R) are incorrect
  • C.(A) is correct but (R) is incorrect
  • D.(A) is incorrect but (R) is correct

Answer: C

The answer is (A) is correct but (R) is incorrect.

The Assertion is right: in Bangalore Water Supply and Sewerage Board v A. Rajappa (1978), a seven-judge bench gave 'industry' in Section 2(j) a very wide meaning, covering any systematic activity organised by cooperation between employer and employees for the production or distribution of goods and services to satisfy human wants, the 'triple test'.

The Reason is wrong. The Industrial Disputes (Amendment) Act, 1982 did not approve that widening: it rewrote Section 2(j) to exclude a number of activities, such as hospitals, educational and charitable institutions and sovereign functions. Moreover, the amended definition was never brought into force, so the law did not change as the Reason says.

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