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april 2004

Supreme Court of India · 2004-04-16

Engineering Kamgar Union vs M/S. Electro Steels Castings Ltd. & Anr

Citation / case number
AIR 2004 SUPREME COURT 2401
Court
Supreme Court of India
Petitioner
Engineering Kamgar Union
Respondent
M/S. Electro Steels Castings Ltd. & Anr
Author
S.B. Sinha
Bench
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the applicability of Clause (2) of Article 254 of the Constitution of India concerning the conflict between the Central Industrial Disputes Act, 1947 and the Uttar Pradesh Industrial Disputes Act, 1947. The Court held that the provisions of the State Act, enacted prior to the Central Act, prevail due to the repugnancy test based on the date of enactment rather than the date of coming into force, affirming the High Court's decision. Consequently, the appeal was dismissed, upholding the closure notice issued by the respondent company.

Engineering Kamgar Union vs M/S. Electro Steels Castings Ltd. & Anr · Niyam