Trace Your Case

ISSUE:

Whether there was an undue transfer of authority when the legislature passed a statute regarding bonuses?

RULE:

There is an excessive amount of delegated legislation since section 37 of the Act authorised the Central Government to provide by order for the elimination of doubts or problems in carrying out the provisions of the Act. This is not permitted under delegated law. Section 33 of the statute provides a categorization that is ambiguous and discriminatory. When there are two industrial units, each were treated differently, which the judges deemed illogical. Section 34 was similarly discriminatory since it imposed exceptional responsibility. I concur with the court's conclusion about these portions.

Subscribe to Read More.
Login Join Now