1988 (4) TMI 434 - SC - Indian Laws

Summary

Issues Involved:
1. Constitutional validity of Sub-section (4) of Section 6 of the U.P. Industrial Disputes Act, 1947.
2. Validity of the Order dated December 5, 1984, passed by the Government of Uttar Pradesh remitting an award for reconsideration.

Summary:

1. Constitutional Validity of Sub-section (4) of Section 6 of the U.P. Industrial Disputes Act, 1947:
The appellant challenged the constitutional validity of Sub-section (4) of Section 6 of the U.P. Industrial Disputes Act, 1947. The Supreme Court analyzed the provisions of the Act and found that Sub-section (4) of Section 6, which allows the State Government to remit an award for reconsideration without providing guidelines or requiring the Government to give reasons or hear the parties, confers wide and arbitrary power on the State Government. The Court observed that such unguided power could be misused, leading to arbitrary decisions, and thus violates Article 14 of the Constitution of India. The Court declared Sub-section (4) of Section 6 unconstitutional and struck it down.

2. Validity of the Order dated December 5, 1984:
The appellant also questioned the validity of the Order dated December 5, 1984, by which the Government of Uttar Pradesh remitted the award passed by the Labour Court, Meerut, for reconsideration. The Supreme Court noted that the State Government did not provide reasons for remitting the award and did not inform the parties about the specific points for reconsideration. The Court held that the order remitting the award was arbitrary and lacked justification, especially since the Labour Court had already provided a detailed award after considering all evidence. Consequently, the Court set aside the Order dated December 5, 1984, and directed the State Government to publish the original award under Section 6(3) of the Act.

Conclusion:
The appeal was allowed, Sub-section (4) of Section 6 was declared unconstitutional, and the order remitting the award was set aside. The State Government was directed to publish the original award, and the parties were allowed to pursue any legal remedies available to them post-publication. There was no order as to costs.