B.L.HANSARIA, G.N.RAY
Papnasam Labour Union – Appellant
Versus
Madura Coats LTD. – Respondent
JUDGMENT
G. N. RAY, J. :—This appeal is directed against the order dated 9th April, 1981 passed by the Division Bench of the High Court of Madras in Writ Petition No. 1119 of 1977. The said writ petition was moved by the respondent No. 1. Madura Coats Ltd., for a declaration that Section 25-M of the Industrial Disputes Act, 1947 as it stood under the Industrial Dispute (Amendment) Act, 1976 in so far as it required prior permission to be obtained to effect lay off is ultra vires and void. The writ petitioner respondent No. 1 also prayed that the State of Tamil Nadu represented by the Secretary to Government, Labour and Employment Department, Madras should be restrained form enforcing the provisions of the said Industrial Dispute (Amendment) Act in respect of the lay off application being application No. 4 of 1976 made by the petitioner. The petitioner also prayed for a writ in the nature of certiorari calling for the records of the Joint Commissioner of Labour, Madras, for quashing order dated 11th September 1976 by which the said lay off application was rejected by the Joint Labour Commissioner. Along with the said Writ Petition No. 1119 of 1977, a number of similar writ petitions
Management of Kairbetta Estate v. Rajamanickarn
relied on : Excel Wear v. Union of India
K.K. Kochuni v. State of Madras and Kerala
Jyoti Pershad v. Administrator for Union Territory of Delhi
Fatehchand Himmatlal v. State of Maharashtra
Bachan Singh v. State of Punjab
Kesavananda Bharati v. State of Kerala
State of Kerala v. N.M. Thomas
applied : Workmen v. Meenakshi Mills Ltd.
distinguished : Excel Wear v. Union of India
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