ENGINEERING KAMGAR UNION versus M/S. ELECTRO STEELS CASTINGS LTD. AND ANR.

ENGINEERING KAMGAR UNION versus M/S. ELECTRO STEELS CASTINGS LTD. AND ANR.

Where a State Act enacted under the concurrent list covers the same field as a Central Act and receives Presidential assent, the State Act prevails over the Central Act in the event of conflict; Article 254(2) of the Constitution applies regardless of the date of commencement, focusing on the already enacted law.

Parties
Appellant: Engineering Kamgar Union; Respondent: Electro Steels Castings Ltd.; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
16 April 2004
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment Dated 14.10.1999
Outcome
Appeals dismissed
Legal Topics
Article 254(2) Constitution of India, Repugnancy Between State and Central Legislation, Industrial Disputes Act Applicability, Non Obstante Clause Interpretation
Constitutional Law Labour Law Statutory Interpretation Article 254(2) Constitution of India Repugnancy Between State and Central Legislation Industrial Disputes Act Applicability Non Obstante Clause Interpretation

Case Brief

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Parties

Engineering Kamgar Union

Appellant

Electro Steels Castings Ltd.

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment Dated 14.10.1999

Legal Issues

  1. 1 Whether Article 254(2) of the Constitution applies to conflict between the UP Industrial Disputes Act and the Central Industrial Disputes Act
  2. 2 Whether State law prevails over Central law when Presidential assent has been obtained
  3. 3 Effect of non-obstante clauses and repugnancy determination

Ratio Decidendi

Where a State Act enacted under the concurrent list covers the same field as a Central Act and receives Presidential assent, the State Act prevails over the Central Act in the event of conflict; Article 254(2) of the Constitution applies regardless of the date of commencement, focusing on the already enacted law.

Court Disposition

Appeals dismissed

Orders

  • No costs ordered