Supreme Court · 2009 INSC 281 · Decided 27 February 2009
Grand Kakatiya Sheraton Hotel & Towers Employees & Workers Union v. Srinivasa Resorts LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 281 · [2009] 3 S.C.R. 668
- Case number
- CIVIL APPEAL No. 6499/2002
- Decided
- 27 February 2009
- Bench
- LOKESHWAR SINGH PANTA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14, 19(1)(g), 254(2)
Headnote
c Andhra Pradesh Shops and Establishments Act, 1988 - s. 47 (3) and (4) - Constitutional validity of - Held: The provisions are unconstitutional, discriminatory and violative of Articles 14 and 19 (1) (g) of the Constitution - On lifting the veil from is clear that the 'service compensation' D is in fact 'gratuity' - The Act being a State Act is in conflict .. with the Central Act i.e. Payment of Gratuity Act, 1972 as both, operate in the common field - The Act cannot be saved by virtue of Article 254(2) unless shown that while obtaining
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