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2006 Supreme(Mad) 964

N.PAUL VASANTHAKUMAR
Manuelmony Matriculation School, rep. by its Secretary – Appellant
Versus
The Principal Labour Court & Another – Respondent


Advocates Appeared:For the Petitioner:Mr. K. Vijayan, Sr. Counsel, Mr. S. Ravichandran, Advocate. For the Respondents:R2, Dr. G. Krishnamurthy, Advocate.

Judgment :-

(This writ petition has been filed under Article 226 of Constitution of India, for issuance of a writ of declaration, declaring that the Industrial Disputes Act, is not applicable to the Private Schools recognised under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, by virtue of the President assent to the said Act under Article 254(2) of the Constitution of India, which overrides the labour legislations including the Industrial Disputes Act, as decided by the Apex Court and quash the same as without jurisdiction.)

Prayer in the writ petition is to issue a writ of declaration, declaring that the Industrial Disputes Act, 1947, is not applicable to the private schools recognised under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, by virtue of the President assent to the said Act under Article 254(2) of the Constitution of India, which overrides the labour legislations including the Industrial Disputes Act, 1947, as decided by the Apex Court and quash the same as without jurisdiction.

2. The brief facts as could be seen from the affidavit are that the petitioner School is a minority unaided School, governed by the provisions of the Tami


















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