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1989 Supreme(Kar) 63

P.C.JAIN, K.S.BHATT
UNION OF INDIA – Appellant
Versus
STUMPP, SCHEULE AND SOMAPPA LTD. – Respondent


Advocates:
Prabhakar, S.B.SWETHADRI, S.V.JAGANATH, SHYLENDRA KUMAR

SHIVASHANKAR BHAT, J.

( 1 ) THESE appeals arise out of an order of the learned single Judge of this Court allowing the writ petitions filed - one by the Company and another by a share-holder of the Company. Two of the appeals are by the workmen, two by the State government and two by the Union of india. The learned single Judge declared that Sec 25-0 of the Industrial Disputes act (hereinafter called 'the Act') offended article 19 (1) (g) of the Constitution of india and directed respondents 1 and 2 in (he writ petitions, no? TO enforce the provisions of Sec, 25-0 of the Act against the petitioners therein.

( 2 ) THE facts need not be narrated in detail. The Company sought permission of the State government under Sec. 25-0 of the Act to close one of Its units, as it was found to be uneconomical, and the situation reached a point that it had to be closed down. But the State government rejected the application. In the writ petitions the validity of the order as well as the constitutional validity of Sec. 25-0, were challenged.

( 3 ) IN the appeals before us, the learned counsel confined the contention regarding the constitutional validity of sec. 25-0; hence it is unnecessary to cons




























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