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2008 Supreme(MP) 813

ARUN MISHRA, PRAKASH SHRIVASTAVA
LABOUR BAR ASSOCIATION SATNA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
Deepak Awasthy, R.S.PATEL, SANJAY VERMA, Siddharth Gulati,

Judgment

( 1. ) THE writ petitions have been preferred to declare the provisions of M. P. Labour Laws (Amendment) and Misc. Provisions Act, 2002 enforced as per notification dated 5-8-2005 as ultra vires being violative of Article 14 of constitution of India.

( 2. ) THE facts are being narrated from W. P. No. 27941/03 filed by labour Bar Association, Satna. It is averred in the petition that by M. P. Labour laws (Amendment) and Misc. Provisions Act, 2002 (hereinafter referred to as "the Amendment Act"), the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as "the ID Act") and the provisions of M. P. Industrial relations Act, 1960 (hereinafter referred to as "the MPIR Act") have been amended so far as applicable to the State of M. P, the power to try the offences under the labour laws which was conferred on the Labour Courts vide M. P. Amendment Act No. 43 of 1981 has been taken away and conferred on the regular courts. It is submitted by the petitioner-Association of Advocates that the amendment Act has no reasonable nexus with the objects sought to be achieved of speedier justice. The Act has been promulgated on the basis that Labour Courts are over burdened, hen



































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