Court : Karnataka
Reported in : 2003(3)KarLJ300
..... country, the central government had assumed management of as many as 57 such textile undertakings under the provisions of the industries (development and regulation) act, 1951 and the management of another 46 textile undertakings was taken over by the central government under the sick textile undertakings (taking over of management) act, 1972. subsequently under the sick textile undertakings (nationalisation) ordinance, 1974, these mills were acquired by the central government under the ..... the management of the mills by the central government either under the industries (development and regulation) act, 1951 or under sick textile undertakings (taking over of management) act, 1972, subsequent to such takeover of management, the cick textile mills were being managed by the national textile corporation or other agency of the government and during the interregnum between such assumption of management by the central government .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR4633
..... subsequent to such takeover of management, the sick textile mills were being managed by the national textiles corporation or other agency of the government and during the interregnum between such assumption ..... is that whereas the owners of the textile mills were in total control and management of the undertakings earlier, after the taking over of the management of the mills by the central government either under the industries (development and regulations) act, 1951 or under sick textile undertakings (taking over of management) act, 1972, ..... act, essentially under article 227 of the constitution of india being aggrieved by the order passed by the commissioner of payments functioning under the sick textiles undertakings (nationalisation) act, 1974 (hereinafter referred to as 'the act' for short) and the orders passed by the court of city civil .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
..... act, 1976 appears to have arisen for consideration in that case. the question was about the nationalisation and take-over by the central government of a certain textile mill under the provisions of the sick textile undertakings (nationalisation) act, 1974. the validity of some of the provisions of that act was impugned. the act ..... act came into force. in order, therefore, to challenge the provisions of the sick textile undertakings (nationalisation) act, 1974 on the ground of inconsistency or abridgement or taking away of the fundamental rights conferred by article 14 or article 19, it was necessary for the petitioners to challenge ..... of article 39 shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14, article 19 or article 31'. the sick textile undertakings (nationalisation) act, 1974 was passed, we may mention here, before the constitution (forty-second amendment) .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant294; ILR1996KAR2934; 1996(7)KarLJ402
..... fund commissioner is entitled to recover the amount from the petitioners. the respondents have also disputed the claim of the petitioners that the petitioners have modernised the undertaking by investing huge amounts as claimed by them. 6. sri udayashankar, learned additionalgovernment advocate, submitted that under section 16 of the act discretion is conferred on ..... the 1st petitioner firm. the 1st petitioner took on lease by means of registered lease deed dated 29th august, 1970, a textile mill belonging to m/s. karnataka co-operative textile mills ltd., dharwad. subsequent to taking over of the said mill on lease, the name of the mill was changed to m/s. mahadeva ..... cotton, yarn, frequent power cuts, insufficient funding, large workforce, frequent labour unrest and for various reasons beyond the control of the mill, the same became sick again and it resulted in huge loss continuously year after year from the year 1975, and on account of that the petitioners had to close down the operation .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant93; ILR2008KAR756; 2008(3)KarLJ507; 2008(1)KCCR554; 2008(2)AIRKarR374; AIR2008Kar93; 2008(4)CivilLJ786; 2008LabIC(NOC)687(Kar)(DB)
..... in the peculiar facts and circumstances, where a large number of employees employed in a large number of government corporations and undertakings were not paid their dues for years together. invoking the principles enshrined in articles 21 and 23 of the constitution, ..... appears to have been made.25. learned counsel for the workmen also relied upon the decision in the case of textile labour association, supra, which had followed the decision of the supreme court in rohtas industries limited case supra. having perused ..... kamalkar sindgikar and ors. v. joshi metal industries and ors. 2000 (1) llj 859 wherein the learned single judge taking into consideration the certificate obtained under section 33-c(1) of the industrial disputes act from the labour court, by the ..... certainly is not and cannot be called upon to pump in more money to revive and resurrect each and every sick industrial unit irrespective of the cost involved. that would be throwing good money after bad money. as was rightly observed .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant261; AIR1965Mys261
..... of guarantee commission.(22) it has therefore to be held that there is no proof of a completed agreement or contract between the company and the government undertaking the recurring future liability of having to pay guarantee commission which the government may enforce.(23) no attempt has been made before me to question the correctness ..... the preamble which is of no relevance, the operative portion of the order read as follows:-- 'after carefully considering the request of the management of the kapila textiles., government are pleased to direct as follows:-- 1. if the bank of mysore grants a loan to the company at a rate of interest not exceeding 41/2 ..... necessary documents embodying these conditions are signed by the company. the comptroller to government is requested to issue necessary instructions to the bank of mysore ltd., and to take all necessary further action in the matter.' (4.) at their meeting held on 19th july 1949, the board of directors adopted a resolution on this matter. .....
Tag this Judgment!Court : Karnataka
Reported in : (1985)IILLJ543Kant
..... having suffered heavy losses, was taken over by the state government on 4th november, 1981 under the provisions of karnataka relief undertakings (special provisions) act, 1977, which provides for such take over by the government of certain categories of sick industries. being unable to contain the losses, the government permitted the lay-off w.e.f. 16th april, 1985. ..... dissolution, their share, in the form of compensation, but have no right to prevent dissolution and compel the owner to continue the business. in the case of national textile workers' union, the supreme court recognised the right of workmen to oppose an application before the company court, for an order for the wind up of a company under ..... on account of the hard labour put in day and night by the workmen. in support of this submission, they relied on the judgment of the supreme court in national textile workers' union v. p. r. ramakrishnan [1983-i l.l.j. 45]. that was a case which arose out of an application made under s. 433 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR118
..... the onerous contract of lease between the parties should be suspended temporarily so that it could take steps to work the distillery to the best advantage as otherwise the very purpose of declaring the second respondent as a sick undertaking would be defeated.(l) the rights of the petitioners under articles 19(1)(g) ..... ] are complementary to those of the central act, namely, the industries (development and regulation) act, 1951. (see d. s. patel & co. v. gujarat state textile corporation ltd. & ors. 41 company cases 1098 followed by the full beach of the calcutta high court in pushraj puranmull & anr. v. n. roy & ors., ..... government have in consultation with the concerned financial institutions and commercial banks been taking active interest in rehabilitating most of such units: for example, mysore electro-chemical works limited, karnataka steel and wire products ltd., tanfort tyres ltd., sree shankara textile mills, mysore tools limited etc. in the case of mysore electro-chemical works .....
Tag this Judgment!Court : Karnataka
Reported in : [1998]94CompCas784(Kar)
..... in public sector enterprises, in particular bel.2. the industrial policy statement of 1991 of the government of india led to partial disinvestment in selected public sector undertakings. the relevant portion of the said policy statement dated july 24, 1991, is extracted below (see [1991] 71 comc(st.) 126) :'31. after ..... than being an asset to the government. the original concept of the public sector has also undergone considerable dilution. the most striking example is the take over of sick units from the private sector. this category of public sector units accounts for almost one third of the total losses of central public enterprises. ..... employees. the petitioners want an employees stock option scheme to be brought into effect in consultation with the unions. they rely on the decisions of the supreme court in national textile workers' union v. p. r. ramakrishnan : air1985sc75 , workmen of rohtas industries ltd. v. rohtos industries ltd. : (1987)iillj1sc and navnit r. kamani v. r .....
Tag this Judgment!Court : Karnataka
Reported in : (2000)ILLJ631Kant
..... the corporation is not the successor of interest of the company and further stated that there has been no transfer of ownership or management of the company's undertaking from the employer to a new employer. therefore, provision of section 25-ff of the i.d. act is not attracted. the dispute referred by the ..... dispute that the state government has referred the industrial dispute between the petitioner company and the first respondent workmen was referred to the second additional labour court. vivek textiles mills, represented by its director, was the second party in the said dispute. the director is none other than the petitioner herein. the second additional labour ..... complaint in c.c.no. 1095/1997 in the court of the chief metropolitan magistrate, bangalore, for taking action under section 29 of the i.d. act against the petitioner and other director ashok mehra of vivek textile mills. on that complaint, the labour commissioner has granted permission to the first respondent sangha by his order .....
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