J.S.VERMA, K.JAYACHANDRA REDDY, R.C.PATNAIK, S.C.AGRAWAL, G.N.RAY
Workmen Of Meenakshi Mills LTD. : Rajasthan Trade Union Kendra: Rajasthan Trade Union Kendra: Workmen Of Buckingham And Carnatic Mills: Hindustan Steel Works Construction: Workmen Of Hindustan Steel LTD. : Workmen Of Hindustan Steel Works Const. Limit – Appellant
Versus
Meenakshi Mills LTD. : J. K. Synthetics LTD. : J. K. Synthetics LTD. : State Of T. N. : Hindustan Steel Works Cons. LTD. Employees: Management Of Hindustan Steel Works Const. LTD. : Management Of Hindustan Steel Works Const. LTD. : Simco – Respondent
Judgment
S. C. AGRAWAL, J.:- These appeals and writ petitions have been placed before us on a reference by a Division Bench of this Court for the reason that they raise the question involving the constitutional validity of S. 26N of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The validity of the said provision is assailed on the ground that it is violative of the right guaranteed under Art. 19(1)(g) of the Constitution and is not saved by Cl. (6) of Art. 19.
2. Since the only question required to be considered by us is with regard to the validity of S. 25-N of the Act and it can be decided on the basis of the relevant provisions of the Act without going into the facts of each case, we do not consider it necessary to set out the facts.
3. Section 25-N forms part of Chapter V-B which bears the heading "Special provisions relating to lay-off, retrenchment and closure in certain establishments". The said Chapter consists of Ss. 25-K to 25-S and was inserted by the Industrial Disputes (Amendment) Act, 1976 (Act No. 32 of 1976), hereinafter referred to as the 1976 Act, with effect from March 5, 1976. Section 25-K, as originally enacted, confined the applicability
distinguished : Excel Wear v. Union of India
relied on : Indian Hume Pipe Co. Ltd. v. Workmen
Olga Tellis v. Bombay Municipal Corporation
followed : Virendra v. State of Punjab
Dwarka Prasad Laxmi Narain v. State of U.P.
relied on : Nienla Textile Finishung Mills Ltd. v. 2nd Punjab lndustrial tribunal
National Textiles Workers Union v. P.P. Ramaknshnan
S.N. Mukherjee v. Union of India
followed : Organo Chemical Industries v. Union of India
Bababhai and Co. v. State of Gujrat
distinguished : Excel Wear v. Union of India
relied on : Rama Sugar Industries Ltd. v. State of A.P.
G.B. Mahajan v. Jalgaon Municipal council
Mohinder Singh Gill v. Chief Election Commissioner, New Delhi
referred to : All Saints High School, Hyderabad v. government of A.P.
followed : Jaswant Sugar Mills Ltd. v. Lakshmichand
distinguished : Associated Cement Companies Ltd. v. P.N. Sharma
relied on : State Bank of India v. N. Sundara Money
Delhi Cloth and General Mills Ltd. v. Shambhu Nath Mukhrjee
Santosh Gupta v. State Bank of Patiala
Hindustan Steel Ltd. v. Presiding Officer, Labour court
Surendra Kumar Verma v. central government Industrial tribunal-cum-Labour court, New Delhi
Mohanlal v. Bharat Electronics Ltd.
Karnataka State Road Transport Corporation v. M. Boraiah
Gammon India Ltd. v. Niranjan Das
not applicable : D. Macropollo and Co. (Pvt.) Ltd. v. Their Employees Union
Workmen of Subong Tea Estate v. Outgoing Management of Subong Tea Estate
Parry and Co. Ltd. v. P.C. Pal
referred to : by ram Pestonji Gariwala v. Union Bank of India
All India Bank Employees Association v. National Industrial tribunal
Maneka Gandhi v. Union of India
Ch. Tika Ramji v. State of U.P.
State Trading Corporation of India Ltd. v. Commercial Tax Officer, Vishakhawpatnam
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.