M/S. BHIKUSE YAMASA KSHATRIYA (P) LTD., & ANR. versus UNION OF INDIA AND ANOTHER

M/S. BHIKUSE YAMASA KSHATRIYA (P) LTD., & ANR. versus UNION OF INDIA AND ANOTHER

Section 85 of the Factories Act and the notification issued under it are constitutionally valid; they are neither discriminatory nor do they impose unreasonable restrictions on the fundamental rights of the petitioners. Deemed workers are entitled to the statutory benefits if they meet the prescribed working conditions.

Parties
Petitioner: M/s. Bhikuse Yamasa Kshatriya (P) Ltd.; Respondent: Union of India; Respondent: Another
Jurisdiction
India
Judgment Date
08 February 1963
Procedural Posture
Writ Petition / Supreme Court Original Jurisdiction – Final Judgment
Outcome
Petition dismissed
Legal Topics
Factories Act – Application to Deemed Workers, Constitution of India – Articles 14 and 19(1)(g), Discrimination, Reasonable Restriction on Trade, State Notifications Under Statutory Power
Constitutional Law Labour Law Factories Act – Application to Deemed Workers Constitution of India – Articles 14 and 19(1)(g) Discrimination Reasonable Restriction on Trade State Notifications Under Statutory Power

Case Brief

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Parties

M/s. Bhikuse Yamasa Kshatriya (P) Ltd.

Petitioner

Union of India

Respondent

Another

Respondent

Procedural Posture

Writ Petition / Supreme Court Original Jurisdiction – Final Judgment

Legal Issues

  1. 1 Whether section 85 of the Factories Act, 1948 and the notification issued thereunder violate the petitioners' fundamental rights under Articles 14 and 19(1)(g) of the Constitution.
  2. 2 Whether the notification is discriminatory in selecting certain establishments for application of the Act.
  3. 3 Whether obligations imposed on deemed workers amount to unreasonable restriction on business.

Ratio Decidendi

Section 85 of the Factories Act and the notification issued under it are constitutionally valid; they are neither discriminatory nor do they impose unreasonable restrictions on the fundamental rights of the petitioners. Deemed workers are entitled to the statutory benefits if they meet the prescribed working conditions.

Court Disposition

Petition dismissed

Orders

  • Petition is dismissed with costs, two sets, one hearing fee.