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2003 Supreme(MP) 738

DIPAK MISRA, A.K.SHRIVASTAVA
Madhya Pradesh Dainik Vetan Bhogi Karmachari Sangh – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
R.K.GUPTA, R.N.Shukla, S.K.Yadav,

Judgment

( 1. ) IN this batch of writ petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for quashment of the Notification No. F. 15-17-97-XVI-A, dated 20-14999 (Annexure P-4) published in the M. P. Gazette (Extra-ordinary, dated 21st January, 1999) on the ground that it is void, illegal, unconstitutional, discriminatory and without jurisdiction. ( 2. ) BY the said notification issued by the State of Madhya Pradesh in exercise of power conferred on it by Sub-section (3) of Section 1 of the Madhya Pradesh Industrial Relations Act, 1960 (for brevity the Act), the amendment in the Notification dated 31-12-1960 pertaining to entry No. 16 has been amended as under :-

"16. Engineering including Motor Vehicle but excluding engineering industry being carried on by any Department of the State Government. " The grievance of the petitioners pertains to the later part of the said amended notification which has been inserted viz. , "excluding engineering industry being carried on by any Department of the State Government".

( 3. ) ACCORDING to the petitioners, before the amendment they were governed by the unamended Act and by the exclusion of the "








































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