Supreme Court of India · 1964-03-23
RADHEY SHYAM SHARMA vs THE POST MASTER GENERAL CENTRAL CIRCLE NAGPUR
- Citation / case number
- SC 1963/70
- Court
- Supreme Court of India
- Petitioner
- RADHEY SHYAM SHARMA
- Respondent
- THE POST MASTER GENERAL CENTRAL CIRCLE NAGPUR
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Judgment text excerpt
The Supreme Court upheld the constitutionality of the Essential Services Maintenance Ordinance, No. 1 of 1960, specifically sections 3, 4, and 5, ruling that these provisions do not violate the fundamental rights under Article 19(1)(a) and (b) of the Constitution of India. The Court clarified that there is no fundamental right to strike, and the Ordinance merely addresses illegal strikes. The Court found that the punishment imposed on the petitioner for participating in a demonstration during a strike was valid and did not infringe upon his rights as claimed.