"Administrative High-Handedness": Calcutta High Court Sets Aside State's Move To Regulate Appointments To Private Industries
Live LawThe Calcutta High Court has quashed a notification by the State of West Bengal through which the state government sought to regulate employment of persons to private industrial establishments.Justice Ravi Kishan Kapur held: "Any restriction on a trade or business is unreasonable if it is arbitrary or drastic and has no relation to, or goes much in excess of, the objective of the law which. The Calcutta High Court has quashed a notification by the State of West Bengal through which the state government sought to regulate employment of persons to private industrial establishments. It was stated that on a combined reading of sections 2, 3, 4, 12 of the Act, it would be evident that the Act and Rules framed thereunder contemplate resolution of disputes by way of bipartite settlement whereas the impugned notification has introduced a mechanism of tripartite settlement with the active participation of the State. Additionally, in view of section 4 of the Employment Exchange Compulsory Notification of Vacancy Act, the impugned notification is an indirect attempt to bypass an existing statutory mechanism.
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Madras High Court Quashes Notifications Inviting Applications For Appointment As Members To State, District Consumer Commissions
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