Supreme Court of India · 1963-10-03
H.H. THE MAHARANA SAHIB SHRI BHAGWATSINGH BAHADUR OF UDAIP vs THE STATE OF RAJASTHAN AND OTHERS
- Citation / case number
- SC 1963/130
- Court
- Supreme Court of India
- Petitioner
- H.H. THE MAHARANA SAHIB SHRI BHAGWATSINGH BAHADUR OF UDAIP
- Respondent
- THE STATE OF RAJASTHAN AND OTHERS
- Author
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the reference made by the Rajasthan Government under Section 10 of the Industrial Disputes Act, 1947, was valid despite the appellant's objections regarding the lack of Union Government sanction under Section 87B of the Code of Civil Procedure, 1908. The Court clarified that Section 86 of the Code protects a Ruler from being 'sued' but does not preclude the initiation of industrial dispute proceedings. Furthermore, Article 362 of the Constitution ensures that the rights and privileges of Rulers are respected, but they are citizens of India and subject to the law. The appeal was dismissed, affirming the Tribunal's jurisdiction to adjudicate the dispute.