India, Aug. 20 -- The Supreme Court on Thursday, by a 5:4 majority, refined the expansive test laid down nearly five decades ago to determine what constitutes an "industry" under the now-repealed Industrial Disputes Act, while unanimously protecting all pending disputes from the impact of the new formulation.

A nine-judge Constitution bench headed by Chief Justice of India Surya Kant also upheld, by a majority, the maintainability of the reference that had brought the 1978 landmark Bangalore Water Supply & Sewerage Board Vs A Rajappa judgment back for reconsideration.

However, in a significant safeguard for workers and employers involved in existing litigation, the bench unanimously directed that all pending disputes under the 1947 Act ...