New Delhi, Aug. 20 -- The Supreme Court on Thursday kept existing labour protections intact in pending disputes under the now-repealed Industrial Disputes Act, including those involving government bodies. It retained the nearly five-decade-old test for what qualifies as an 'industry', while leaving the definition under the Industrial Relations Code, 2020, open for future cases.

The 5:4 majority ruling, delivered by a nine-judge Constitution Bench led by Chief Justice of India Surya Kant, drew a clear line between disputes under the old and new labour regimes. While holding that the reference was maintainable, the court refused to disturb the 'Triple Test' laid down in the 1978 judgment to determine what makes an 'industry' under Section ...