Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947-Section 2~-0 (as amended by Amendment A B c Act 46 of 1982) and Section 25-N |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Labour Laws : Industrial Disputes Act, 1947-Section 25-O (as amended by Amendment Act 46 of 1982) and Section 25-N-Constitutional validity of Section 25-O- Unamended provision contained in the Section struck down by Constitution Bench in Excel Wear's case-Subsequently in Meenakshi Mills' case constitutional validity of Section 25-N upheld differentiating the Section with unamended Section 25-O-Held, amended Section is not ultra vires the Constitution and is saved by Article 19(6) of the Constitution-Principles applicable in Meenakshi Mills' case held relevant in deciding the constitutional validity of Section 25-O since it is in substance akin to Section 25-N- Constitution of India, 1950-Article. 19(1)(g) and 19(6)-U.P. Industrial Disputes Act, 1947-Section 6-W. Constitution of India, 1950-Article 141-Precedent-Consideration of by Constitution Court-Held, Constitution Court should form its own opinion about a case and consider the effect of a precedent by reading it over again and should not rely upon the gloss placed on that precedent by some other decision. Words and Phrases : 'In the interest of general public'-Meaning of-In the context of Section 25-O of Industrial Disputes Act, 1947 and Article 19(6) of Constitution of India, 1950.The issue before the Court in the present appeals was the constitutional validity of Section 25-O of Industrial Disputes Act, 1947 as amended by Amendment Act 46 of 1982 and Section 6-W of U.P. Industrial Disputes Act, 1947. Section 6-W is identical to amended Section 25-O.Constitution Bench in Excel Wear etc. v. Union of India, [1979] 1 SCR 1009 had struck down the constitutional validity of Section 25-O of Industrial Disputes Act, 1947 as it stood before the Amendment Act 46 of 1982. Thereafter in Workmen v. Meenakshi Mills Ltd., [1992] 3 SCC 336, where the constitutional validity of Section 25-N was in question, it was held by the Constitution Bench that the Section did not suffer from the vice of constitutionality and the considerations which weighed in Excel Wear 's case could not be applied for validity of Section 25-N as there was difference between Section 25-N and Section 25-O (unamended). The questions referred to the present Constitution Bench in the present appeals were whether the vices pointed out in Excel Wear's case had been cured by the amended Section 25-O and whether the principles laid down in Meenakshi Mills' case applied to amended Section 25-O. It was contended that since in Meenakshi Mills' case the Constitution Bench of this Court had extracted the reasons why in Excel Wear's case Section 25-O was struck down, therefore, the decision of Meenakshi Mills' case would be binding on this Court and it should not go into Excel Wear's case to find out the reasons why Section 25-O was struck down. |
Judge | Hon'ble Mr. Justice S.N. Variava |
Neutral Citation | 2002 INSC 31 |
Petitioner | M/s Orissa Textile And Steel Ltd. |
Respondent | State Of Orissa And Ors. |
SCR | [2002] 1 S.C.R. 309 |
Judgement Date | 2002-01-17 |
Case Number | 529 |
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