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1979 Supreme(Guj) 170

S.B.MAJMUDAR, S.H.SHETH
RAJIV RAMANLAL – Appellant
Versus
ASHOK MILLS LIMITED – Respondent


Advocates Appeared: A.C.RATHOD, I.M.NANAVATI, P.M.RAVAL, S.R.SHAH

S. H. SHETH, J.

( 1 ) ). This group of 52 appeals arises out of as many suits filed in the City Civil Court Ahmedabad. They were filed by shareholders of corporate employers in which they challenged the vires of secs. 3 and 6 of the Bombay Labour Welfare Fund Act 1953 and Rules 3 and 4 of the Labour Welfare Fund (Gujarat) Rules 1962 They contended that the aforesaid provisions were ultra vires Art. 19 (1) (f) and Art. 31 (2) of the Constitution of India. Some of the suits were instituted in 1975 and others were instituted in 1976. No evidence was led in the suits. They were decided on the basis of legal arguments advanced before the learned trial Judge. On 2nd September 1978 they were decided by the learned trial Judge by a common judgment. He turned down the conten- tions raised by the plaintiffs and dismissed the suits. Decrees passed by him in all the suits are challenged by the plaintiffs in these appeals.

( 2 ) BEFORE we enter upon the examination of the contentions raised by the plaintiffs before us it is necessary to set out the history of the litigation relating to the impugned provisions. The Bombay Labour Welfare Fund Act 1953 (hereinafter referred to as the Labour Wefare








































































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