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october 1963

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.

H.H. THE MAHARANA SAHIB SHRI BHAGWATSINGH BAHADUR OF UDAIP vs THE STATE OF RAJASTHAN AND OTHERS · Niyam