Gujarat Mazdoor Sabha vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 567

D.Y.CHANDRACHUD, INDU MALHOTRA, K M JOSEPH
Gujarat Mazdoor Sabha – Appellant
Versus
State of Gujarat – Respondent

Advocates Appeared:
For the Appellant :Sanjay Singhvi, Aparna Bhat, Karishma Maria, Advocates
For the Respondent:Tushar Mehta, Deepanwita Priyanka, Advocates

JUDGMENT

Dhananjaya Y. Chandrachud, J.

Index
A	The Notifications
B	Grounds of challenge
C	The power under Section 5 of the Factories Act, 1962
D	Precedent on 'public emergency' and 'security of the state'
E	Interpreting 'public emergency' in Section 5
F	Scheme and objects of the Factories Act, 1962
G	Social and economic value of 'overtime'
H	Constitutional vision of social and economic democracy
I	Summation

I Summation

1. Invoking its powers under Section 5 of the Factories Act, 1948¹["Factories Act"], the State of Gujarat has exempted factories from observing some of the obligations which employers have to fulfil towards the workmen employed by them. The government justifies the action on the ground that industrial employers are faced with financial stringency in the economic downturn resulting from the outbreak of COVID -19. A trade union with a state-wide presence and another with a national presence are before this court in a petition under Article 32 of the Constitution to challenge the validity of the state's not

Click Here to Read the rest of this document

2020 Supreme(SC) 567

D.Y.CHANDRACHUD, INDU MALHOTRA, K M JOSEPHGujarat Mazdoor Sabha – AppellantVersusState of Gujarat – Respondent

Cases Referred (14)

D.Y.CHANDRACHUD, INDU MALHOTRA, K M JOSEPH
Gujarat Mazdoor Sabha – Appellant
Versus
State of Gujarat – Respondent