( 1. ) IN this batch of writ petitions, the assail is to the constitutional validity of sub-section (4) of Section 1 and Section 1-A of the M. P. Industrial Relations act, 1960 (for brevity the 1960 Act) and the notification issued under the said provisions. The said provisions were introduced by M. P. Act No. 16 of 2000 by the Madhya Pradesh Audyogik Sambandh (Sanshodhan) Adhiniyam, 2000 with a stipulation that the said provision would come into force on such date as the state Government may, by notification, appoint and was brought into force by notification dated 17-5-2006 from the date of publication of the notification. The petitioners have also challenged the notification issued in exercise of power conferred under sub-section (4) of Section 1 of the 1960 Act by the State government whereby it has directed that the provisions of the said Act shall not apply to the industries specified in the Schedule to the said notification with a postulate that the said exclusion shall not affect the cases pending before the labour Courts or before any other Court of law and such cases shall be disposed of or proceeded with as if such items have not been omitted.

( 2. ) IT is essential to state that in the writ petitions, various representatives of the union have assailed the constitutional validity on many a ground but the factual matrix which is imperative to state is, in a way, common to all and, therefore, it is requisite to exposit the facts, regard being had to the features of commonality. Entry 22 of List III of the Seventh Schedule to the constitution of India provides for the field of legislation relating to trade unions, industries and labour disputes. The Parliament in exercise of power conferred under Article 246 of the Constitution of India has legislated the Industrial disputes Act, 1947. The said entry being in the Concurrent List, the State legislature enacted the 1960 Act with the assent of the President obtained on 17-11-1960. The said enactment was enacted with the objects and reasons to regulate the relations of employers and employees in certain matters, to make provision for settlement of industrial disputes and to provide for certain other matters connected therewith. The said Act was notified in the M. P. Gazette, extra-ordinary on 31-12-1960. Sub-section (2) of Section 1 stipulated that the act extends to the whole of Madhya Pradesh. Sub-section

(3) of Section 1 provided that the said Section and Section 112 shall come into force at once and the State Government may, by notification, bring all or any of the remaining provisions of the Act into force in respect of any or all industries or undertakings in any industry wherein the number of employees, on any day, during twelve months preceding or on the date Of the notification or on any day thereafter, was or is more than such number as may be specified in such notification on such date as may be specified therein. Section 112 repealed the Central Provinces and berar Industrial Disputes Settlement Act, 1947 (XXIII of 1947) and the madhya Bharat Industrial Relations (Adaptation) Act, Samvat 2006 (31 of 1949) making certain savings.

( 3. ) IN pursuance of the power conferred under Section 1 (3) of the Act, the State Government brought out a notification on 31-12-1960 to the effect that all the provisions of the Act other than Sections 1 and 112 thereof shall come into force on 31-12-1960 in respect of the undertakings or industries specified in the Schedule to the notification wherein the number of employees on any date during 12 months preceding or on the date of the notification or any day thereafter was more than 100. In the Schedule to the said notification, 32 industries were incorporated.

( 4. ) AFTER the notification was issued, various other notifications were issued from time to time for appointing certain authorities such as the commissioner of Labour for the State and certain other categories of officers to give effect to the provisions of the Act. W