AIR 1960 BOMBAY 22 ::(1959) 2 LabLJ 38 ::61 Bom LR 642 ::ILR (1959) Bom 1130

Bombay High Court

Hon'ble Judge(s): H. K. Chainani, J. M. Shelat , JJ

Industrial Disputes Act (14 of 1947) , S.2(j)(k), S.25FF— Industry - Tests laid down - Profession of Solicitor is not industry. Words and Phrases - Trade - "Undertaking" - "Calling". An essential requisite of an industry is the existence of relationship of master and servant. The relationship must exist in the industry itself. Only that business, trade or undertaking or calling can be held to be an industry which requires the co-operation of both the employer and the employee for carrying on that business, trade, undertaking or calling. AIR 1958 Bom. 231 commented upon, case law ref.(Para 7) Meanings of the words "trade", "undertaking" and "calling" considered.(Para 3 4 5) The profession of a Solicitor is not an industry within the meaning of the Industrial Disputes Act. A dispute between a firm of Solicitors and its empoyees is not therefore an industrial dispute which can be the subject of a reference.(Para 9 17 19) .....