AIR 1960 SUPREME COURT 923 ::1960 2 LabLJ 1 ::1960-61 18 FJR 181 ::1960 3 SCR 528 ::1961 (1) SCJ 22

Supreme Court Of India

Hon'ble Judge(s): B. P. Sinha, S. J. Imam, A. K. Sarkar, K. N. Wanchoo, J. C. Shah , JJJ

(A) Industrial Disputes Act (14 of 1947) , S.25FFF— Validity - Restrictions imposed on freedom of employers - Not unreasonable - Test of reasonableness - Object is to @page-SC924achieve social justice - Section is saved by Art. 19 (6) of the Constitution. Constitution of India , Art.19(1)(g), Art.19(6)— In the interest of the general public, the law may impose restrictions on the freedom of the citizens to start, carry on or close their undertakings. Whether an impugned provision imposing a fetter on the exercise of the fundamental rights guaranteed by Art. 19 (1) (g) amounts to a reasonable restriction imposed in the interest of the general public must be adjudged not in the background of any theoretical standards of pre-determinate patterns, but in the light of the nature and incidents of the right, the interest of the general public sought to be secured by imposing the restriction and the reasonableness of the quality and extent of the fetter upon the right.(Para 12) A law which creates a civil liability in respect of a transaction which has taken place before the date on which the Act was enacted does not per se impose an unreasonable restriction.(Para 13) The object of retrenchment compensation under S. 25F is to give partial protection to the retrenched employee to enable him ....