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march 1961

Supreme Court of India · 1961-03-17

THE SWADESHI COTTON MILLS CO. LIMITED vs THE STATE OF U. P. AND OTHERS(And Connected Appeals)

Citation / case number
SC 1958/76
Court
Supreme Court of India
Petitioner
THE SWADESHI COTTON MILLS CO. LIMITED
Respondent
THE STATE OF U. P. AND OTHERS(And Connected Appeals)
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court upheld the validity of Section 3 of the U.P. Industrial Disputes Act, 1947, stating it does not delegate essential legislative functions to the Government, as it provides clear conditions for action. The Court ruled that the general order No. 615 made by the State Government was valid despite not reciting the condition precedent, as an affidavit confirming the requisite opinion was admissible. The judgment clarified that while it is preferable to mention such conditions in the order, failure to do so does not invalidate the order ab initio.

THE SWADESHI COTTON MILLS CO. LIMITED vs THE STATE OF U. P. AND OTHERS(And Connected Appeals) · Niyam