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1983 Supreme(Raj) 507

G.M.LODHA, K.S.SIDHU, G.K.SHARMA
. J. K. Syanthetics – Appellant
Versus
Union of India – Respondent


JUDGMENT

1. Majority judgment:-Absolute, Unrestricted, Unbriddled right to conduct business, trade, industry, profession and vocation, having its origin in Adam Smith's doctrine of laissez faire' of 18th century was buried in graves, hen 20th century awakening, arising, and united struggle of "workers of the World" compelled the enactment of social welfare legislations and several labour laws. The founding fathers of Indian Constitution hastened to provide for State's right to put reasonable restrictions on the fundamental rights guaranteed under Article 19 of the Constitution of India. The "medieval borbaric autocratic right "Hire and Fire" came into 'fire' and the legislatures came out with plethora of Laws to "gun down" it. All such legislative efforts. were again brought under 'fire' by powerful resouresful employers by Judicial Scrutiny' claiming Article 19 as the protective umbrella for exploitation by 'long purses' of half naked starving, skeletons' who were slowly killing themselves, in and around furnaces.

2. The workmen of India after three decades of proclamation, of Preamble of ConstitutionJUSTICE, social, economic and political;EQUALITY of status and of opportunity;

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