ISHWARBHAI MARGHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri Y.N. Oza, learned Sr. Advocate is appearing for the petitioner. Shri S.N.Shelat, learned Addl. A.G. is appearing for the respondents with Shri A.D.Oza, learned Government Pleader and Shri M.G.Doshit for M/s. M.G.Doshit and Co.

(2.) Rule of law is the foundation of a democratic society. The Judiciary is the guardian of the rule of law. Hence the judiciary is not only the third pillar but the central pillar of the democratic State. In a democracy like ours, where there is written constitution which is above all individuals and institutions and where the power of judicial review is vested in the superior courts, the Judiciary has a special and additional duty to perform namely to oversee that all the individuals and institutions including executive and the legislature act within the frame work of not only the law but also the fundamental law of the land. This duty is apart from the function of adjudicating the disputes between the parties which is essential to peaceful and orderly development of the society.

(3.) It is too late in the day now to stress absolute freedom of an employer to impose any condition which he likes on labour. It is always open to industrial adjudication to consider the conditions of employment of the labour to vary them if it is found necessary unless the employer can justify an extraordinary conditions.