Court : Kolkata
Reported in : (1995)2CALLT358(HC),(1997)IIILLJ135Cal
..... follows. the petitioner who was an employee of a private mill viz. sodepur cotton mills which was ultimately taken over under the provisions of sick textile undertakings (nationalisation) act, 1974 by national textile corporation and that on july 20, 1987 the said corporation served a notice of retirement intimating him that he would retire from service on october ..... age of sixty years on the basis of any statutory rule or notification or an agreement arrived at between the employees' union and the unit concerned before nationalisation or thereafter. it was also held that no case of discriminatory treatment could be made out and accordingly the learned judge dismissed the writ application.4. ..... in this connection reference was also made on a decision of prabir kumar majumdar, j. in matter no. 2171 of 1986 (ashis ghosh v. national textile corporation). in that case it was held that it could only be established in the writ application that the writ petitioner was entitled to be superannuated at .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]48CompCas747(Cal)
..... of the present case, the petitioners are entitled to an order of rectification as asked for in the application under section 155 of the companies act, 1956 regarding the objection that in view of the sick textile undertakings (nationalisation) act, 1974, the petitioners have no locus standi and the application is not maintainable, in my view, the said contention is utterly baseless, as the corporate ..... the facts of this case the application should be allowed.5. referring to the sick textile undertakings (nationalisation) act, 1974, which came into force from 21st of december, 1974, and the appointed day under the said act is the 1st of april, 1974, mr. mukherjee submitted that the said act has not affected in any way the right of the petitioners to apply under section 155 .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... and distribution at fair prices the different variety of clothes and yarn so as to subserve the interest of general public. thereafter in the year 1995 the parliament passed the textile undertaking nationalisation act, 1995 wherein it is mentioned in its preamble that the investment of a very large sums of money is necessary for the purpose of securing optimum utilisation of the available ..... variety of cloth and yarn which are vital to the needs of the country.279. one of us (dharmadhikari j.) while dealing with the scope of the textile undertakings (nationalisation) act, 1995, in the case of aurangabad textile mills v. state of maharashtra (writ petition no. 1100 of 1986), aurangabad bench, bombay high court, has observed as under:'... i also cannot ignore and brush aside .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]152CompCas456(Guj); [2008]84SCL457(Guj)
..... i.e. 8.11.1985 were to be discharged out of the said compensation by commissioner of payments appointed under the gujarat closed textile undertakings (nationalization act, 1986 gujarat act 10 of 1986) act in order of the priorities laid down in the act. the liabilities created during the post nationalization period and remaining outstanding as on 6.2.1997 as well as the liabilities created ..... free from any trust, charge line and encumbrances with effect from 1.1.1986 retrospectively. the gujarat state textile undertaking nationalization ordinance, 1986 was repealed and substituted by the gujarat sick textile undertaking nationalization act, 1986. (iii) the textile undertaking was managed by the gstc as an owner of the undertaking. the winding up order against the gstc ltd., was passed on 6.2.1997 by this court .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR160; (1990)92BOMLR492; (1993)IIILLJ277Bom
..... decision of the madras high court in the case of pankaja mills ltd. v. n. sivaramkrishna iyer reported in 1977 l.i.c. 1715. in that case under the sick textile undertakings (nationalisation) act, 1974 the mill vested in the government after its management was taken over. the court said that the liability of the former owner for provident fund contribution and administration charges ..... electricity bills were not paid by theformer owner for the period prior to theappointed day. the court said that in viewof the sick textile undertakings (nationalisation) act, 1974 the pre-appointed dayliabilities were of the previous owner andnot of the national textile corporation ofmadhya pradesh. 22. similarly in the case of rashtriya mill mazdoor sangh v. the model mills, nagpur, reported in : (1984)iillj507sc the .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC364; (2000)ILLJ340Mad
..... in the decision reported in tinsukhia electric supply co., ltd., v. state of assam, : air1990sc123 . the same argument was also raised while challenging the sick textile undertakings (nationalisation) act 57 of 1974 in panipet w and c mills co., ltd., v. union of india, air 1986 sc 2082 before the supreme court. in para 10 of ..... v. union of india, : [1986]3scr718 , the supreme court held that the sick textile under taking (nationalisation) act (57 of 1974) gives effect to the policy as contemplated in article 39(b) and (c) of the constitution and that the act enjoys the protective umbrella of article 31(c). same reasons can be applied in the ..... has no legislative competence to enact the im-pugned act. since the industrial undertaking is a textile undertaking which is included in the schedule of the industries (development and regulation) act, 1951 (central act 65 of 1951). according to him, by virtue of the fact that the textile industry is an industry which had been included under entry .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; [1984]3SCR252; 1984(16)LC500(SC)
..... section 16(5) and section 16(7) and in the scheme framed under the general insurance business (nationalisation) act, 1972. the object and purpose of the sick textile undertakings (nationalisation) act, 1974, was 'reorganising and rehabilitating such sick textile undertakings so as to subserve the interests of general public by. augmentation of the products and distribution at fair prices of different varieties of cloth and yarn'. the basic ..... the matter of dearness allowance and retirement age.20. the petitioners contend that under the sick textile undertakings (nationalisation) act, 1974, the coking coal mines (nationalisation) act, 1972 etc., sepearate companies had been formed on nationalisation. the employees of those companies were entitled to have their service conditions regulated under industrial disputes act, 1947. in the present case, the employees have been deprived of the existing benefits without .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR677; (1994)IIILLJ929Bom
..... of the said act of 1974 on 1.4.1974 the aforesaid mills being sick textile undertakings and the ownership in relation to the ..... 1971 the mills were handed over to the maharashtra state textile corporation ltd. respondent no. 5 herein and the said management continued till the year 1974 when the sick textile undertakings (taking over of management) act, 1972 was replaced by the sick textile undertakings (nationalisation) ordinance, 1974 and thereafter by the sick textile undertakings (nationalisation) act, 1974, hereinafter referred to as 'the act of 1974' for the sake of brevity. by virtue .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1999)153CTR(MP)330
..... as envisaged in the act. the corporation later claimed a deduction of rs. 94,36,506 for ..... the liability of the gratuity of the pre-nationalisation period?'2. the assessee is a corporation owned by the government of mp. it took over all assets of sick textiles mills as per their value shown in the balance sheet as on 31st march, 1974, pursuant to sick textile undertakings (nationalisation) act, 1974. it also took over certain liabilities ..... '7. the present case falls in the later category because the assessee- corporation had made a provision of a reserve at the time of the nationalisation of the sick textile units out of which gratuity was paid to the employees over a period of time and also during the year under assessment. therefore, it was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR4633
..... state bank of india, a commercial banking company established under the state bank of india 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 judge, bangalore, functioning ..... as an appellate authority within the meaning of section 23(7) of the act. 2. the writ petitioner-bank is common in both the petitions, though the .....
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