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Showing contexts for: Docket explosion in Bangalore Water-Supply & Sewerage ... vs R. Rajappa & Others on 21 February, 1978Matching Fragments
by P. St. J. Langan pp. 81-82.
224Esoterica is anathema for law affecting the common man in the commerce of life, and so the starting point for our discussion is the determination to go by the plain, not the possible, sense of the words used in the definition, informed by the, context and purpose of the statute, illumined by its scheme and getting and conceptually coloured by what is an industry at the current developmental stag& in our country. In our system of precedents our endeavour must be, as urged by counsel, to reconcile prior pronouncements, if possible, and to reconsider the question altogether, if necessary. , There are no absolutes in law since life, which it serves, is relative. 'What is an industry in America or the Soviet Union may not be one in India and even in our Country what was not an industry decades ago may well be one now. Our judgment here has so pontifical flavour but seeks to serve the future hour till changes in the law or industrial culture occur. Law, especially industrial law, which regulates the rights and remedies of the working class, unfamiliar with the sophistications of definitions and shower of decisions, unable to secure expert legal opinion,. what with poverty pricing them out of the justice market and denying them the staying power to withstand the multi decked litigative process, de facto denies social justice if legal drafting is vagarious, definitions indefinite and court rulings contradictory. Is it possible, that the legislative chambers are too preoccupied with other pressing business to listen to court signals calling for clarification of ambiguous clauses ? A careful, prompt amendment. of Sec. 2(j) would have preempted this docket explosion before tribunals and courts. This Court, perhaps more than the legislative and Executive branches, is deeply concerned with law's delays and to devise a prompt delivery system of social justice.