B.B. RAJWANSHI versus STATE OF U.P. & ORS.

Section 6(4) of the U.P. Industrial Disputes Act, 1947 is unconstitutional as it confers unfettered, unguided, and uncontrolled powers upon the State Government to remit awards for reconsideration without statutory safeguards, violating Article 14 of the Constitution of India.

Parties: Appellant: B.B. Rajwanshi; Respondent: State of Uttar Pradesh; Respondent: Electra (India) Ltd., Meerut
Jurisdiction: India
Judgment Date: 08 April 1988
Procedural Posture: Civil Appeal / Supreme Court Appeal by Special Leave From Allahabad High Court
Outcome: Appeal allowed
Legal Topics: Constitutional Validity, Industrial Dispute Awards, Quasi Judicial Review, Article 14

Constitutional Law Labour and Industrial Law Constitutional Validity Industrial Dispute Awards Quasi Judicial Review Article 14

Case Brief

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Full judgment text Legal principles 3 Authorities cited 13 Party arguments 2

Parties

B.B. Rajwanshi

Appellant

State of Uttar Pradesh

Respondent

Electra (India) Ltd., Meerut

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Allahabad High Court

Legal Issues

1 Constitutional validity of sub-section (4) of section 6 of the U.P. Industrial Disputes Act, 1947
2 Legality of State Government order remitting Labour Court award for reconsideration

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Sub-section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 declared unconstitutional and struck down.
Order dated December 5, 1984 remitting award to Labour Court set aside.