Justice Nagarathna’s dissent warns of tearing the frayed safety net of labour law
Justice B.V. Nagarathna issued a dissenting opinion regarding the definition of 'industry' under the new Industrial Relations Code 2020. She argues that overturning a 1978 precedent could weaken labor protections and increase corporate bargaining power.
Why it matters
This legal debate has significant implications for the future of labor rights and the balance of power between corporations and workers in India.
At the heart of Justice B.V. Nagarathna’s 147-page poignant dissent is a stark foreboding that dismantling the expansive definition of ‘industry’ in a 1978 judgment may give free rein to the “skewed bargaining power” that private sector and corporates wield over workers.
The dissent of Justice Nagarathna casts an apprehensive eye to the future, when industrial disputes under the new Industrial Relations Code 2020 (IRC) would reach courts.
Her dissent questions whether the nine-judge Bench’s majority decision to wipe the slate clean of the 1978 judgment ( Bangalore Water Supply and Sewerage Board versus R. Rajappa ) while deciding what ‘industry’ means under the IRC may unsheathe a “supercharged” version of the corporate bargaining power.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in