Question

Pick out the case that is popularly called as the Solicitor's Case.

• A. Ahmedabad Textile Industry's Research Association v. State of Bombay
• B. National Union of Commercial Employees v. Industrial Tribunal, Bombay
• C. Salem Advocates Bar Association v. Union of India
• D. Central Machine Tools Institute v. Dy. Registrar of Trade Unions

Hint:

Many landmark cases have popular names (e.g., Habeas Corpus case for ADM Jabalpur, Mandal case for Indra Sawhney). Knowing these popular names is as important as knowing the official citations for competitive exams.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify a specific landmark case by its popular name, the "Solicitor's Case". This case is famous for its discussion on whether certain professional establishments, like a solicitor's firm, fall under the definition of 'industry' as defined in the Industrial Disputes Act, 1947.
Step 2: Detailed Explanation:
The case of National Union of Commercial Employees v. Industrial Tribunal, Bombay, AIR 1962 SC 1080, is popularly known as the Solicitor's Case.
In this case, the Supreme Court had to decide whether the office of a solicitor (a lawyer) is an 'industry'. The court held that a solicitor's firm is not an industry because the services provided are based on the individual skill, knowledge, and intellectual capacity of the professional. It observed that the professional service is characterized by a direct personal relationship with the client and lacks the commercial or production-oriented nature of an 'industry'. The contribution of capital or labour is not the primary factor.
This judgment was later revisited and its scope was narrowed by the landmark ruling in \textit{Bangalore Water Supply and Sewerage Board v. A. Rajappa}, which gave a much wider interpretation to the term 'industry'.
Step 3: Final Answer:
The case popularly known as the Solicitor's Case is National Union of Commercial Employees v. Industrial Tribunal, Bombay.

Answer 2

Each option here names a real case from a different corner of labour or civil law, and the nickname "Solicitor's Case" is a strong clue, since it points straight to a dispute about lawyers' offices and the definition of industry.

1. Ahmedabad Textile Industry's Research Association v. State of Bombay: this case looks at whether a scientific research body set up by the textile industry counts as an industry under the Industrial Disputes Act, a different fact pattern from a solicitor's office.
2. National Union of Commercial Employees v. Industrial Tribunal, Bombay: this is the case where the Supreme Court considered whether a solicitor's firm, essentially a professional legal practice, falls within the definition of industry. The Court held it does not, since the work depends on the individual lawyer's skill and a personal client relationship rather than organised cooperation between employer and employee for production of goods or services in the commercial sense. This is exactly what the popular name Solicitor's Case refers to.
3. Salem Advocates Bar Association v. Union of India: this case concerns amendments to the Code of Civil Procedure and case management rules for courts, not the definition of industry at all.
4. Central Machine Tools Institute v. Dy. Registrar of Trade Unions: this involves a dispute about trade union registration at a machine tools institute, unrelated to solicitors or law firms.

Only one case actually concerns a solicitor's office and the meaning of industry, so that is the one carrying the popular name in the question.

The correct answer is National Union of Commercial Employees v. Industrial Tribunal, Bombay.