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1978 Supreme(SC) 299

R. S. SARKARIA, Y. V. CHANDRACHUD, A. P. SEN, A. D. KOSHAL, N. L. UNTWALIA
Excel Wear: Acme Manufacturing Company LTD. : Apar Private LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GANGULY, A.N.Karkhanis, C.G.NADKARNI, E.C.AGARWAL, F.D.DAMANIA, F.S.NARIMAN, G.D.DAVE, G.S.CHATTERJEE, H.S.PARIHAR, I.M.SHROFF, I.R.JOSHI, J.RAMAMURTHY, K.K.SINGHVI, K.L.Hathi, K.L.TALSANIA, K.M.NAYAR, LILA MEHTA, M.C.BHANDARE, M.K.RAMAMURTHY, M.MUDGAL, M.N.SHROFF, MALINI PODVAL, O.C.MATHUR, P.H.Parekh, R.P.KAPUR, RAMESHWAR NATH ROY, S.Bhandan, S.J.DESHMUKH, U.R.Lalit, VAIGAI

Judgment

UNTWALIA, J. :- By these four Writ Petitions the employers challenge the constitutional validity of Ss. 25-O and 25-R of the Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act). The facts of the different cases are of a similar nature. It is not necessary to state them in any detail for the purposes of deciding the constitutional question. We may, however, just refer to a few in order to indicate the nature of the dispute between the parties.

Writ Petition No. 644 of 1977

2. The petitioner in this case is Excel Wear, a registered partnership firm, the partners of which are citizens of India. The petitioner has a factory at Bombay where it manufactures garments for exports. About 400 workmen were employed in the petitioners factory. According to its case the relation between the petitioner management and its employees started deteriorating from the year 1974 and had become very much worse from 1976. From Aug. 1976 the workmen became very militant, aggressive, violent, indulged in unjustifiable or illegal strikes and the labour trouble in the factory became of an unprecedented nature. Various incidents have been mentioned in the Writ petition in support of






























































































































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