Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Article 254(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950-Article 254(2):State Act and Central Act enacted in terms of List Ill-Inconsistency between laws made by both the enactments-Applicability of Article 254(2)- Held: Article 254(2) is attracted when there exists direct conflict between two enactments-Conflict is direct not only in case where provisions of one Act have to be disobeyed if provisions of the other is followed and also where both laws lead to different legal results-Furthermore, subsequent State legislation having received President's assent would prevail over the Parliamentary Act and in absence, the Parliament Act would prevail-On facts, State Act and Central Act covering same field relating to lay off. retrenchment and closure of undertaking and there exists a conflict between them, as such there is repugnancy-Hence, Article 254 (2) attracted-Section 6 V to 6X of State Act would prevail over Chapter VB of Central Act-Entry 22 List-II/, Seventh Schedule-Industrial Disputes Act, 1947-Section 25K-25S, Chapter V-B--U.P. Industrial Disputes Act, 1947-Section 6V-6X.Repugnancy-Determination of-With regard to the date of enactment of legislation or date of its coming into force-State Act received assent on 10.10.1983 whereas Central Act (46 of 1982) came into force with effect.from 21.8.1984-HeldĀ· Article 254 does not contemplate coming into effect of a law having regard to the nature of the legislation as a conditional one-Conflict is with regard to the law already been made-State Act which received Presidential assent in conflict with earlier Central Act, hence State Act would prevail over the Central Act-Industrial Disputes Act, 1947-U.P. Industrial Disputes Act, 1947.Presidential assent to State Law-Application of Article 254(2)-Held: To arrive at finding of fact that President was actually informed about the reason for grant of his assent-If the same is not fulfilled then such plea should be raised in Writ Petition or Special Leave Petition and not at the stage of hearing for its first time as presumption exists with regard to the validity and legality of an official Act-Evidence Act, 1872-Section 114(e) and (j). Interpretation of Statutes-Non-obstante clause-Overriding effect-Discussed-lndustrial Disputes Act, 1947-U.P. Industrial Disputes Act, 1947. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 280 |
Petitioner | Engineering Kamgar Union |
Respondent | M/s. Electro Steels Castings Ltd. And Anr |
SCR | [2004] Supp. (1) S.C.R. 301 |
Judgement Date | 2004-04-16 |
Case Number | 86-89 |
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