Madan Mohan Pathak and anr. Vs. Union of India (Uoi) and ors. - Court Judgment
|Court||Supreme Court of India|
|Case Number||Writ Petition Nos. 108 and 174-177 of 1976|
|Judge|| M.H. Beg, C.J.,; D.A. Desai,; P.N. Bhagwati,; P.N. Shinghal,; S. Murtaza Fazal|
|Reported in||AIR1978SC803; 1978LabIC612; (1978)ILLJ406SC; (1978)2SCC50; 3SCR334|
|Acts||Life Insurance Corporation (Modification of Settlement) Act, 1976; Constitution of India - Articles 14, 19, 19(1), 19(2) to 19(6), 31, 31(1), 31(2), 31(2A), 358 and 359(1A); Life Insurance Corporation Act, 1956; Life Insurance Corporation (Staff) Regulation, 1960 - Regulation 58; Industrial Disputes Act, 1947;|
|Appellant||Madan Mohan Pathak and anr. ;ram Parkash Manchanda and ors.|
|Respondent||Union of India (Uoi) and ors.;union of India (Uoi) and ors.|
|Advocates:|| R.K. Garg,; S.C. Agarwala and; Aruneshwar Gupta, Advs|
.....life insurance corporation act, 1956, regulation 58 of life insurance corporation (staff) regulation, 1960 and section 18 (1) of industrial disputes act, 1947 - petition filed challenging constitutional validity of life insurance corporation (modification of settlement) act, 1976 - act enacted by parliament - effect of impugned act was to transfer ownership of debts due and owing to class iii and class iv employees in respect of annual cash bonus to life insurance corporation - act did not provide for payment of any compensation for compulsory acquisition of debts - impugned act found to be void as offending article 31 (2).
- order44. we agree with the conclusion of brother bhagwati but prefer to rest our decision on the ground that the impugned act violates the provisions of article 31(2) and is, therefore, void. we consider it unnecessary to express any opinion on the effect of the judgment of the calcutta high court in w.p. no. 371 of 1976.
44. We agree with the conclusion of Brother Bhagwati but prefer to rest our decision on the ground that the impugned Act violates the provisions of Article 31(2) and is, therefore, void. We consider it unnecessary to express any opinion on the effect of the judgment of the Calcutta High Court in W.P. No. 371 of 1976.