Court : Supreme Court of India
Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000
..... 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 ..... 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 textiles (undertakings) nationalisation act 1974 was passed, we may mention here, before the constitution forty second amendment act ..... and that question, therefore, directly arose for consideration. the question was, however, not decided in the minerva mills case. section 39 of the sick textile undertakings (nationalisation) act, 1974, had also declared that the act was enacted for giving effect to the policy of the state towards securing the principles specified .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj113; (1987)1GLR437
..... to time up to october, 1974. on september 21, 1974, the ordinance regarding sick textile undertakings came into force which later on took the shape of the sick textile undertakings (nationalisation) act, 1974. thus, the mill company came under the management of the national textile corporation. 5. on april 11, 1977, the bank filed a suit for recovery ..... is concerned. therein, the question was with regard to the effect of a notification issued by the central government under the provisions of the sugar undertaking (taking over of management) act (49 of 1978). the question before the supreme court was whether the trial of the suit filed by the state bank ..... to disregard public interest? ' the further question is whether the phrase 'sufficient cause' occurring in order 41, rule 5 of the civil procedure code is capable of taking within its sweep considerations of public interest or has it to be construed only literally having no relation whatsoever to public interest? ' therefore, this decision .....
Tag this Judgment!Court : Mumbai
Reported in : [1993]78CompCas546(Bom)
..... in relation to properties of the company, which was sick, and not against determination of liability in the suit. in podar mills ltd. v. j. k. synthetics ltd.[1989] 66 com cas 735, the division bench of our court interpreted section 8(1)(c) of the textile undertakings (taking over of management) act, 1983. the said ..... section provided that in the contingency specified therein, no proceeding for winding up of the textile company or appointment of a liquidator shall lie in any court, except with the consent of ..... is to destroy the corporate personality of the company. the act was passed by parliament with a view to securing the timely detection of sick and potentially sick companies owning industrial undertakings and taking of remedial measures by the board, as more particularly provided in the act. the first part of section 22 of the act, cannot .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT530(HC),2008(4)CHN243
..... restraining the respondents and each one of them and/or their servants and/or agents and/or nominees and/or assigns from enforcing the provisions of the textile undertakings (taking over of management) ordinance, 1983, 'the textile undertakings' (taking over of management) act, 1983' in so far as the said property of your petitioner no. 1 situated at premises no. 31, chowringhee road, calcutta and more ..... affected by it.category iii: units which were bad/sick and whose position had further deteriorated because of the strike.thirteen mills were placed under category iii. it is not in dispute that the madhusudan mills fall within category iii. madhusudan mills is mentioned at serial no. 11 of the list of textile undertakings, the management of which shall be taken over by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1991]72CompCas34(MP)
..... , whereby the learned trial court rejected the application of the petitioners-defendants for stay of the suit in view of the provisions of section 6(1)(b) of the textile undertakings (taking over of management) act, 1983 (act no. 40 of 1983), for short 'the act'. the plaintiff, dena bank, filed a suit for recovery of rs. 2 ..... 220.60 against the petitioners and other defendants, including m/s. sitaram mills limited. it is said that m/s. sitaram mills limited was declared as a sick textile unit and the management of the same was taken over by making certain declarations and a custodian was appointed under the provisions of the act. an application was ..... to which the notified undertaking was a party. as such, the apex court held that the suit would remain unaffected by the notification. learned counsel, smt. waghmare, further contended that as admittedly, in the present case, the management has been taken over and m/s. sitaram mills has been declared a sick textile unit, the provisions of .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)ALLMR908; 2005(1)BomCR706; 2005(1)MhLj582
..... .2. the petitioner was employed with gold mohur mills limited which has been taken over by respondent no. 1, that is, national textile corporation (s.m.) limited pursuant to the sick textile undertakings (taking over of management) ordinance of 1983. he was in employment of the blow room department as a permanent employee and had worked there ..... sent to hospital for treatment. the petitioner, it was alleged, had committed a misconduct under standing order 21(k) of the standing orders applicable to the textile industry. the explanation submitted by the petitioner was not accepted by the mill and an enquiry was instituted against him. the enquiry officer held that the petitioner ..... and the decision may appear to be doubtful because the appreciation and analysis of the evidence may not be proper. the question to be seen is taking the evidence as a whole whether it is reasonably possible to record the finding that the alleged misconduct is established.12. therefore, the industrial court held .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR581a; (1987)89BOMLR485
..... ) a.i.r. 1986 s.c. 5030, the challenge to the provisions of an order passed under the industries (development and regulation) act, 1951 taking over the management of the mills and the constitutional validity of the sick textile undertakings (nationalisation) act, 1974. the two judges of the supreme court who heard the matter observed that constitutional amendments made after april 24, 1973, by ..... applies), except under, and in accordance with, the previous permission of the central government;(2) any person or authority intending to establish a new undertaking referred to in sub-section (1) shall, before taking any action for the establishment of such undertaking, make an application to the central government in the prescribed form for that governments' approval to the proposal of establishing any .....
Tag this Judgment!Court : Mumbai
Reported in : 1991CriLJ2766
..... the brief heads that fall for determination in these petitions which are as follows:-- a) what are the rights that have vested in the custodian under the textile undertakings (taking over of management) act, 1983 after takeover, and whether the property of the company, namely, the proprietorship of the existing trade and merchandise marks act, ..... as follows : in the year 1983, the government of india enacted the textile undertakings (taking over of management) act, 1983 thereinafter referred to as 'the take-over act') and by virtue of that act, took over the management of several textile undertakings. two of such undertakings were the finley mills ltd. andthe gold mohur mills ltd. we are, ..... are still in the position as if obtained as on 18-3-1983; while only the management of the textile undertaking has been vested in the central government under sub-sec. (2) of s. 3 of the take-over act, the control over the property, which is necessarily a function of the management, and the user .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC403; JT1995(7)SC619; 1995(6)SCALE161; 1995Supp(4)SCC197; [1995]Supp4SCR595
..... . the plea of the appellant before the high court and still before us is that under section 3(1) and (2) of the textile undertakings (taking over of management) act, 1983 (act no.40 of 1983), the management of the textile undertaking, namely, the tata mills limited, dr. ambedkar road, bombay vested in the central government and so the area/space in bombay house wherein ..... .1.1984 to army and navy building, fort, bombay. 5. they textile undertaking (taking over of management) ordinance, 1983 which was replaced by the textile undertakings (taking over of management) act, 1983, (hereinafter referred to as `the act') vested the management of 13 textile undertaking in the central government. the tata mills limited was one of the undertakings specified as no. 13 in the first schedule to the act .....
Tag this Judgment!Court : Chennai
Reported in : (2008)IIILLJ679Mad
..... at any time put an end to the contract of employment of any of the workmen involved in the present dispute pursuant to the provisions of section 13 (of the textile undertakings (taking over of management) act, 1983). hence the contention that there was no obligation on the appellants to continue the services of the workmen after the ..... . rashtriya mill mazdoor sangh and ors. : (1993)illj954sc . in this case, the managements of textile undertakings were taken over by national (textile corporation limited and while discussing the power of the national textile corporation limited to terminate employment of workmen of the undertakings and while dealing with the provisions of textile undertakings (taking over of management) act, 1983, the apex court has held that neither the custodian nor .....
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