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april 1960

Supreme Court of India · 1960-04-14

M/s. HATISINGH MFG. CO. LTD.AND ANOTHER vs UNION OF INDIA AND OTHERS.

Citation / case number
SC 1957/60043
Court
Supreme Court of India
Petitioner
M/s. HATISINGH MFG. CO. LTD.AND ANOTHER
Respondent
UNION OF INDIA AND OTHERS.
Author
SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAH, J.C.

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 25FFF(1) of the Industrial Disputes Act, 1947, as amended by Act 18 of 1957, which mandates compensation for workmen upon the closure of an industrial undertaking. The Court found that this provision does not violate Articles 19(1)(g), 14, and 20 of the Constitution, emphasizing that restrictions on the right to carry on business must be assessed in light of public interest and the nature of the right. The Court clarified that while closure does not require conditions like retrenchment under Section 25F, it aims to provide social justice by protecting unemployed workmen, thus affirming the law's intent to ensure fair compensation based on length of service.

M/s. HATISINGH MFG. CO. LTD.AND ANOTHER vs UNION OF INDIA AND OTHERS. · Niyam