Tata Steel Limited Vs State of West Bengal and Ors. (Calcutta High Court)
Calcutta High Court held that notification dated 27 June 2022 issued by the Government of West Bengal is excessive, manifestly arbitrary and contravenes the provisions of the Constitution and the Rule of Law and also contrary to the Industrial Disputes Act 1947.
Facts- The petitioners assail a Notification dated 27 June 2022 issued by the respondent State [Government of West Bengal]. It is contended that the notification has been issued without authority of law and dehors any statutory powers. The notification is also contrary to and in violation of the mechanism for settlement of industrial disputes under the Industrial Disputes Act 1947 (the Act).
Conclusion- The notification is an example of administrative highhandedness, palpably unreasonable, irrational and an antithesis to the Rule of Law. The right of industry to grant employment or seek employment cannot be regulated in such a circuitous manner as contemplated by the impugned notification. The executive cannot arbitrarily interfere with the rights of industry.
Held that the notification is excessive, manifestly arbitrary and contravenes the provisions of the Constitution and the Rule of Law and also contrary to the Industrial Disputes Act 1947. Thus, the impugned notification is quashed. All steps taken pursuant to and in furtherance of the impugned notification are declared to be null and void.
