UNION OF INDIA Vs. TEXTILE TECHNICAL TRADESMEN ASSOCIATION

JUDGEMENT

(1.) This writ appeal is preferred by the Union of India, Ministry of Labour and Employment, New Delhi, challenging the order passed by the learned single Judge in W.P.No.15518 of 2001 dated 29.9.2010 wherein the first respondent Textile Technical Tradesmen Association prayed for a writ of Declaration declaring the Section 17-A(2), 17-A(3) of the Industrial Disputes Act, 1947 as ultra vires to the Constitution of India.

(2.) The said declaratory relief was sought for as the Government of Puducherry issued a notification indefinitely postponing the implementation of the award made in I.D.No.1 of 2000 in a dispute regarding wage revision for the employees of the Anglo French Textiles after expiry of 30 days under section 17-A(1) of the Industrial Disputes Act, 1947. Having aggrieved over the said indefinite postponing of implementation of the award, connected writ petitions were also filed praying for direction to the appellant herein to publish the award in the Government Gazettee and those writ petitions were also allowed.

(3.) The learned single Judge heard all the matters together and declared Sections 17-A(1), (2) and (3) of the Industrial Disputes Act, 1947 as unconstitutional and also declared that the notification issued by the Government of Puducherry dated 11.8.2001, published in the official gazette as illegal.