Niyam v2 is live — start for just ₹100 — 200 credits to try

september 1978

Supreme Court of India · 1978-09-29

EXCEL WEAR ETC. vs UNION OF INDIA & ORS.

Citation / case number
SC 1977/61602
Court
Supreme Court of India
Petitioner
EXCEL WEAR ETC.
Respondent
UNION OF INDIA & ORS.
Bench
CHANDRACHUD, Y.V. ((CJ),SARKARIA, RANJIT SINGH,UNTWALIA, N.L.,KOSHAL, A.D.,SEN, A.P.

Judgment text excerpt

The Supreme Court examined the constitutional validity of Sections 25(O) and 25(R) of the Industrial Disputes Act, 1947, determining that the right to close down a business is an integral part of the right to carry on a business under Article 19(1)(g). The Court held that the restrictions imposed by the State Government on the closure of an undertaking were unreasonable and arbitrary, thus infringing upon the fundamental right guaranteed by the Constitution. Consequently, the Court ruled in favor of the petitioners, affirming their right to close down the business without undue interference from the State.

EXCEL WEAR ETC. vs UNION OF INDIA & ORS. · Niyam