It is obvious that the enactment of this measure is for the amelioration of the conditions of the workmen in the newspaper industry. 7 of the Act, the Governor of Assam was pleased to refer the dispute to Shri U. " It was further stated that Dr. Merchant is the prevention of self-medication and self- treatment and a curb on such advertisements is a means to achieve that end. The manager wrote back to say that Dr. Banerjee was incompetent and did not have sufficient " knowledge of simple everyday microscopical and laboratory work which befalls the lot of every assistant medical officer in tea garden practice.

The State of Saurashtra (2 ) and in Kavalap- para Kottarathil Kochunni v. Peacock, and assistant in the Dimakuchi tea estate, which produced an extremely acute and severe illness very nearly causing a paralysis of the patient's leg. The dispute which was thus referred to the Tribunal was described in these terms: After the recommendation of the Board, the respondent herein appears to have offered a sum equal to 28 month's salary and allowances in lieu of re-instatement; to this, however, the appellants did not agree.

Banerjee was discharged on the ground 1159 of incompetence in his medical duties and the chief medical officer (Dr. Those employers who are favourably situated, may not feel the strain at all while those of them who are marginally situated may not be able to bear the strain and may in conceivable cases have to disappear 'after closing down their establishments. Cox) had found that Dr. Even in regard to the workmen employed it would be equally expedient to take a class of employees who stand in a separate category by themselves for the purpose of benefiting them in the manner contemplated.

The matter was then referred to a Board known as the tripartite Appellate Board consisting of the Labour Commissioner, Assam, and two representatives of the Assam branch of the Indian Tea Association and the Assam Chah Karmachari Sangha respectively. The State of Madras (3) affidavits were allowed to be filed setting out in detail the circumstances which led to the passing of the respective enactments. This Board recommended that Dr. This circumstance by itself would therefore not be indicative of any undue preference or a prejudicial treatment being meted out to that particular industry, the main object being the amelioration of the conditions of those workmen.

Banerjee did not satisfy the appellants herein and certain conciliation proceedings, details whereof are not necessary for our purpose, were -unsuccessfully held over the question of the termination of the service of Dr. Gohain, Additional District and Sessions Judge, under cl. In this Supreme Court India advocates, in many cases affidavits were allowed to be given to show the reasons for the enactment of a law, the circumstances Advocate in Supreme Court of India which it was conceived and the evils it was to cure.

Banerjee should be reinstated with effect from the date of his discharge. Objection was taken that the preamble in the Act does not indicate the object to be the prevention of treatment Supreme Court of India Lawyer diseases otherwise than by qualified medical practitioners as the English Venereal Diseases Act 1917 does. Banerjee received a sum of Rs. That, however, would be a consequence. It could therefore hardly be urged that the possible effect of the impact of these measures in conceivable cases would vitiate the legislation as such.

These are all incidental disadvantages which may manifest themselves in the future working of the industry, but it could not be said that the Legislature Advocates in Supreme Court of India enacting that measure was aiming at these disadvantages when it was trying to ameliorate the 135 conditions of the workmen. It could not also be said that there was any ulterior motive behind the enactment of such a measure because the employers may have to share a greater financial burden than before or that the working of the industry may be rendered more difficult than before.

, the tendency to curtail circulation and thereby narrow the scope of dissemination of information, fetters on the petitioners' freedom to choose the means of exercising the right, likelihood of the independence of the press being undermined by having to seek government aid; the imposition of penalty on the petitioners' right to choose the instruments for exercising the freedom or compelling them to seek alternative media, etc.

, would be remote and depend upon various factors which may or may not come into play. Banerjee gave a faulty, inexpert and clumsy quinine injection to one Mr. Similarly, in Kathi Raning v. The reasons given by the manager for the termination of the services of Dr. 306-1-0 on May 22, 1951 and left the tea garden in question. Then, on December 23, 1953, the Government of Assam published a notification in which it was stated that whereas an industrial dispute had arisen between the appellants and the respondent herein and whereas it was expedient that the dispute should be referred for adjudication to a Tribunal constituted under s.

It would not be possible for the State to take up all the industries together and even as a matter of policy it would be expedient to take the industries one by one. This was done in the case of Shri Ram Krishna Dalmia v. All the consequences which have been visualized in this behalf by the petitioners, viz. which would be extraneous and not within the contemplation of the Legislature.