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1975 Supreme(All) 537

GOPI NATH
Union Carbide India Ltd. – Appellant
Versus
Government of U. P – Respondent


Advocates appeared:
Sudhir Chandra, Advocate, for the Petitioners; Standing Counsel, For the Respondents

ORDER

Gopi Nath, J. - This is a petition under Art. 226 of the Constitution of India. It challenges a Notification No. 2804 (ST) XXXVI-1-47 (ST)-74, dated 26th April, 1974, issued by the State Govt. under Rule 119 (1) of the Defence of India Rules, 1971, and an order passed under R. 119 (4) dated 3rd of May, 1974. The notification dated 26th April 1974 is Annexure `A' and the order dated 3rd May, 1974 is Annexure `S-1', to the petition. Annexure A declares the employment of all workmen under the Eveready Flash Light Co. - a division of M/s. Union Carbide India Ltd., petitioner No. 1, to be an employment to which the provisions of R. 119 apply. Annexure S-1 cancels the suspension orders passed against the workmen of the concerned factory and issued directions regarding the domestic enquiry instituted against them. Annexure A is challenged, inter alia, on the grounds that it has been issued in colourable exercise of power and for a collateral purpose and that it is tainted with male fides and is also hit by Art. 14. Annexure S-1 is challenged on the grounds (1) that the order is beyond the scope of R. 119 (4) and (2) that it has been passed in breach of the principles of natural justi

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