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SUPREME COURT
, J
Grand Kakatiya Sheraton Hotel & Towers Employees & Workers Union – Appellant
Versus
M/s. Srinivasa Resorts Ltd. – Respondent
| Table of Content |
|---|
| 1. background and procedural history of the case. (Para 1 , 2 , 3 , 4) |
| 2. overview of the shops act and its legislative history. (Para 5 , 6) |
| 3. arguments for the unconstitutionality of the provisions. (Para 7 , 9) |
| 4. rebuttal of appellant's claims and contextual legal precedents. (Para 12 , 19) |
| 5. court's analysis of the validity of provisions s.47(3) and s.47(4). (Para 14) |
| 6. high court's determination of unreasonable nature and discrimination. (Para 15 , 21) |
| 7. doctrine of occupied field and constitutional implications. (Para 22 , 23) |
| 8. final judgment dismissing the appeal. (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
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