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.