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1992 Supreme(SC) 419

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


Advocates:
ASHOK KUMAR GUPTA, Ashok Sagar, C.S.VAIDYANATHAN, CHANDAN RAMAMURTHI, D.N.Mishra, F.S.NARIMAN, G.B.PAI, H.K.PURI, H.SUBRAHMANYA JOIS, HARDEV SINGH, J.RAMAMURTHY, JITENDRA SHARMA, K.R.NAGARAJA, KRISHAN KUMAR GOGNA, M.A.CHINNASWAMY, M.A.KRISHNAMURTHY, M.K.RAMAMURTHY, M.P.Jha, MADHU MULCHANDANI, P.P.SINGH, PUNAM MADAN, R.F.NARIMAN, R.K.GARG, R.MOHAN, R.NARAIN, R.S.HEGDE, R.VAIGAI, RAJ SHEKHAR RAO, SHANKAR GOPAL PAGIRE, SMITHA INNA, T.Raja, V.D.MEHTA, V.KRISHNAMURTHY, VIMAL DAVE, W.C.CHOPRA

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 Section 25-K, as originally enacted, confined the applicability



























































































































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