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1 - 7 of 7 (0.38 seconds)S.Gunasekaran vs The Government Of Tamil Nadu on 14 June, 2011
9. As regards the contention of the appellant that the benefit of
no limitation prescribed by the State Law cannot be curtailed by the
Central Law, the Writ Court has considered the decision of this Court
relied upon by the appellant in S.Gunasekaran and others v. The
Government of Tamil Nadu in W.P.Nos.1949 and 7558 of 2010 and
also the judgment of the Hon'ble Supreme Court in T.Barai v. Henry Ah
Hoe reported in (1983) 1 SCC 177, referred to in S.Gunasekaran's case.
T. Barai vs Henry Ah Hoe And Another on 7 December, 1982
The proviso to Article 254(2) empowers the Union Parliament
to repeal or amend a repugnant State law even though it has
become valid by virtue of the Presidents assent. Parliament
may repeal or amend the repugnant State law, either directly,
or by itself enacting a law repugnant to the State law with
respect to the same matter. Even though the subsequent law
made by Parliament does not expressly repeal a State law, even
then, the State law will become void as soon as the subsequent
law of Parliament creating repugnancy is made. A State law
would be repugnant to the Union law when there is direct
conflict between the two laws. Such repugnancy may also arise
where both laws operate in the same field and the two cannot
possibly stand together, e.g., where both prescribe punishment
for the same offence but the punishment differs in degree or
kind or in the procedure prescribed. In all such cases, the law
made by Parliament shall prevail over the State law under
Article 254(1)......" (Emphasis added). It is not clear as to how
the said judgment will have any assistance to the respondent
State when there is no repugnancy shown and that the two laws
can possibly stand together. Further, the case referred to
related to imposition of penal provisions and therefore,
invocation of Article 21 arose in that case.”
Page No.8 of 12
https://www.mhc.tn.gov.in/judis
Article 254 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Article 21 in Constitution of India [Constitution]
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