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Triple test, adrift: On the ruling on definition of ‘industry’

The Supreme Court reviewed the 1978 "Triple Test" defining "industry" under the ID Act. A nine-judge Bench upheld it for old disputes, but the majority wrongly severed its interpretive relevance for the new IRC's Section 2(p). This is a mistake, as Section 2(p) largely retains the Triple Test's essence. The author argues the Triple Test is crucial for worker protection post-liberalization and fostered industrial peace by balancing worker safeguards with employer restrictions. Severing this framework is detrimental; courts must uphold the original intent despite the majority's flawed ruling.

The Hindu · The Hindu · Aug 23, 2026 at 6:52 PM

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