A.K.PATNAIK, DIPAK MISRA, SHANTANU KEMKAR
Heavy Electricals Mazdoor Trade Union – Appellant
Versus
State of M. P. – Respondent
Patnaik, C.J. -- 1. In this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the validity of notification dated 10.10.2005 issued by the State Government under sub-section (3) of section 1 of the M.P. Industrial Relations Act, 1960 as well as the vires of sub-section (4) of section 1 of the said Act.
2. The facts relevant for the purpose of disposal of the petition are that under Entry 22 of List III to the Second Schedule to the Constitution read with Article 246 of the Constitution, both Parliament and State Legislature have concurrent power to make law relating to trade union and industrial and labour disputes. In exercise of such powers, the State Legislature has enacted the M.P. Industrial Relations Act, 1960 (for short 'the Act') with the assent of the President of India. Sub-section (3) of section 1 of the Act provides that section 1 and section 112 of the Act shall come into force at once and the State Government may, by notification, bring any or all of the remaining provisions of the Act into force in respect of (a) any or all industries, or (b) undertakings in industries where the number of employees on any day during 12 mon
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