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PETITIONER: NIEMLA TEXTILE FINISHING. MILLS LTD.
Vs.
RESPONDENT: THE 2ND PUNJAB INDUSTRIAL TRIBUNAL(with connected appeals an
DATE OF JUDGMENT: 10/01/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 329 1957 SCR 335
ACT: Industrial Disputes Act, 1947 (XIV Of 1947)-- Constitutional validity - Legislative competency-Powers of Industrial Tribunals- Whether Legislative-The Government of India Act, 1935 (25 & 26 Geo. 5, Ch. 42), Sch. VII, List III, Entries 27, 29-Constitution of India, Arts. 14, 19 (1) (f) and (g).
HEADNOTE: The disputes between the appellants and their workmen were referred to the Industrial Tribunal for adjudication by the appropriate Government, under the provisions of the Industrial Disputes Act, 1947. It was contended for the appellants that the reference to the Tribunal was bad because (1) the Act was ultra vires the Constitution inasmuch as its provisions are ,Violative of the fundamental rights enshrined in Art. 14 and Art. 19 (1) (f) and (g) of the Constitution, (2) the Industrial Tribunals are legislating in the guise of adjudication,, and this amounts to delegation of the powers of legislation which it was not competent to the Central Legislature to do so, and (3) the definition of the term " indus...