Judgment :-

V.S. Sirpurkar, J.

This appeal is directed against the judgment and order passed by the High Court, whereby, Sections 47(3) and 47(4) of the Andhra Pradesh Shops & Establishments Act, 1988 (hereinafter referred to as `the Shops Act) are declared unconstitutional, discriminatory and violative of the Articles 14 and 19 (1)(g) of the Constitution of India. Following facts would be necessary to understand the controversy.

2. Respondent No. 1 M/s. Srinivasa Resorts Ltd. is a company incorporated under the Companies Act, while the respondent No. 2 is a shareholder of the said company. Respondent No. 1 company is engaged in business of managing and running hotels. They have hotel in the name and style of "ITC Kakatiya Sheraton", which is being run by the ITC Hotels Ltd., which is another company incorporated under the Companies Act. The said hotel is registered under the provisions of the Shops Act. The appellant is the Union of employees and workers of the said hotel. Assistant Labour Officer, respondent No. 4 herein, visited the hotel at the instance of the appellant Union on 31.5.2001 and as required by him, the respondent Nos. 1 & 2 furnished information regarding the emplo