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SUPREME COURT
Lokeshwar Singh Panta, *V. S. Sirpurkar, JJ.
Grand Kakatiya Sheraton Hotel & Towers Employees & Workers Union – Appellant
Versus
M/s. Srinivasa Resorts Ltd. – Respondent
| Table of Content |
|---|
| 1. high court declared specific provisions unconstitutional. (Para 1 , 2 , 3) |
| 2. legislative history of the shops act analyzed. (Para 5 , 6) |
| 3. arguments for and against provisions of shops act. (Para 7 , 9) |
| 4. constitutional challenges to provisions emphasized. (Para 11 , 12 , 19) |
| 5. unreasonableness of provisions impacting fundamental rights. (Para 13 , 16 , 21) |
| 6. doctrine of occupied field and presidential assent discussed. (Para 17 , 22 , 23) |
| 7. appeal dismissed with concurrence to high court's judgment. (Para 24) |
1This appeal is directed against the judgment and order passed by the High Court, whereby, S.47(3) and 47(4) of the Andhra Pradesh Shops &Establishments Act, 1988 (hereinafter referred to as 'the Shops Act') are declared unconstitutional, discriminatory and violative of the Art.14 and 19(1)(g) of the Constitution of India. Following facts would be necessary to understand the controversy.
2. Respondent No. 1 M/s. Srinivasa Resorts Ltd. is a company incorporated under the Companies Act, while the respondent No. 2 is as hare holder of the said company. Respondent No. 1 company is engaged in business of managing and running hotels. They have hotel in the name and
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