बेड़ी (en. Fetter)

The intention behind enacting subsection (2) obviously was to free the employer from the fetter which was put on him under as it was before the amendment in 1956 with respect to action for matters not connected with a dispute pending before a tribunal.

Second, under Article 7, the instrument of accession made clear that this did not amount to accepting any future constitution of India nor did it fetter the states right to enter into arrangements over any future constitution.

Stated broadly, these are the accepted indicators for the exercise of judicial discretion but it is always preferred not to fetter the judicial discretion by attempting to make the excessive enumeration, in one way or another.

The only fetter that has been put on the powers of the Tribunal is that such orders should relate only to ensure the implementation of the provisions of the Act of 1993, particularly to protect the interest of the Banks/Financial Institutions to recover the dues.

It is submitted that Clause 5 of the agreements restricted the period of contract which varies between one to seven years and after expiry of this lock in period the producer has no fetter to record or re-record sound track.

Stated broadly, there can be no objection to the acceptance of these indicators but as we have indicated already, we would prefer not to fetter judicial discretion by attempting to make an exhaustive enumeration one way or the other.

Second, under Article 7, the instrument of accession made clear that this did not amount to accepting any future constitution of India nor did it fetter the states right to enter into arrangements over any future constitution.