Court : Supreme Court of India
Reported in : AIR1996SC710; JT1995(9)SC186; (1996)ILLJ787SC; 1995(6)SCALE609; (1996)1SCC313; [1995]Supp5SCR641; 1996(1)LC456(SC)
..... wages and other amounts due to the employee in relation to the pre-take over management period. these provisions are similar to those contained in section 21 of the sick textile undertakings (nationalisation) act, 1974. in m. asghar v. union of india : (1987)illj440sc , the said provisions giving lower priority to the amounts due to the employees in relation to the pre-take over ..... applicability in respect of liability for payment of gratuity under the payment of gratuity act.11. that the liabilities in respect of the period prior to the taking over of the management of the textile undertaking are not taken over by the ntc is also borne out by the textile undertakings (nationalisation) ordinance, no. 6 of 1995 promulgated by the president on june 27, 1995. the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627
..... weaving mills ltd. and ors. : [2002]2scr1093 , a division bench of this court interpreting the provisions of the 1974 act, held:turning attention to the effect of the sick textile undertakings (nationalisation) act, 1974, a bare perusal of some of the provisions will indicate that there is no discharge of the liability of principal ..... debtor, leave alone that of the surety. sections 3, 4, 5 and 20 of the act of 1974, if read together, would depict that the liability of the owner of the undertaking ..... person or body of persons authorized under the industries (development and regulation) act, 1951, or the sick textile undertakings (taking over of management) act, 1972, to take over the management of the whole or any part of the sick textile undertaking 4. before the commissioner of payments, the creditors became entitled to file .....
Tag this Judgment!Court : Supreme Court of India
..... the high court vide order dated 26.10.1983 restraining the present appellant from interfering with bank accounts relating to the property business as well as textile undertaking business. it was during pendency of the business that textile undertaking nationalisation act, 1995 came into existence and the mills stood acquired. m/s shree madhusudan mills ltd. was renamed as hall on 11.2.1999. learned single ..... judge allowed the said writ petition vide judgment and order dated 6.1.2005 holding that the suit premises situated at calcutta was by no means related to the textile undertakings and therefore, it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1998; 2004(5)ALD120(SC); III(2004)BC494; 98(2004)CLT137(SC); JT2004(4)SC508; 2004(4)SCALE227; (2004)9SCC786
..... applicability in respect of liability for payment of gratuity under the payment of gratuity act. the court also examined the provisions of the textile undertakings (nationalisation) ordinance, 1995 (ordinance no. 6 of 1995) which was later on replaced by the textile undertakings (nationalisation) act, 1995) and held as under:'the provisions of ordinance 6 of 1995 ..... also show that the liabilities for the period prior to the take-over of the management are to be discharged from the amount payable to the owner of the textile undertaking for the acquisition of the undertaking and ..... end to the litigation, we would examine the matter on merits as well.13. chapter ii of the textile undertakings (taking over of management) act, 1983 deals with taking over of the management of certain textile undertakings. sub-section (1) of section 3 lays down that on and from the appointed day, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;
..... respondent no. 3 which had taken over the management of respondent no. 4 became sick and proceedings were initiated under the sick textile undertakings (nationalisation) act, 1974 (for short 'the act'). the appellant filed suit for recovery against the guarantors and the principal-debtor of the amount claimed by it.the following preliminary issue ..... against the defendants, when all assets of the first defendant - company have vested in the government of india under the sick textile undertakings (nationalisation) act (hereinafter referred to as 'the act') and the compensation for the vesting of the mills in the government has already been declared. the plea raised in this behalf ..... of the surety/guarantor, the creditor' right of action against the surety is preserved.37. turning attention to the effect of the sick textile undertakings (nationalisation) act, 1974, a bare perusal of some of the provisions will indicate that there is no discharge of the liability of principal debtor, leave .....
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 : Supreme Court of India
Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)
..... therein was introduced into section 7. the provisions of this section are no different from the provisions of the the similar sections in the earlier act of 1974. for example, under section 8 of the sick textile undertakings nationalisation act, 1974 (page 59 of vol. x), the amount mentioned is specified in the first schedule as there are a number of companies involved. this provision ..... law department then obtained.(2) proposal of the textile ministry in respect of nationalisation of the six textile undertakings in the year 1985-86 including all notes and memorandum in respect thereof.(3) opinion of law department as rendered to the textile ministry,(4) proposal of the textile ministry in respect of the drafting of the ordinance and the act by the legislative ministry.(5) details of .....
Tag this Judgment!Court : Supreme Court of India
..... chapter applicable to the case on hand, being chapter iii of that act, read thus: the textile undertakings (nationalisation) laws (amendment and validation) act, 2014 no.36 of2014[17th december, 2014.]. 4 (2009) 10 scc4645 (2013) 8 scc3376 (1923) vol. l (ia) 324 31 an act further to amend the sick textile undertakings (nationalisation) act, 1974 and the textile undertakings (nationalisation) act, 1995, in order to continue with the lease hold rights vested in ..... with effect from the 24th october, 2014. amendments to the sick textile undertakings (nationalisation) act, 1974 chapter ii xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx chapter iii amendments to the textile undertakings (nationalisation) act, 1995 5. on and from the date of commencement of the textile undertakings (nationalisation) act, 1995 (hereafter in this chapter referred to as the principal act), in section 3, after the following sub sections shall be .....
Tag this Judgment!Court : Supreme Court of India
..... chapter applicable to the case on hand, being chapter iii of that act, read thus: the textile undertakings (nationalisation) laws (amendment and validation) act, 2014 no.36 of2014[17th december, 2014.]. 4 (2009) 10 scc4645 (2013) 8 scc3376 (1923) vol. l (ia) 324 31 an act further to amend the sick textile undertakings (nationalisation) act, 1974 and the textile undertakings (nationalisation) act, 1995, in order to continue with the lease hold rights vested in ..... with effect from the 24th october, 2014. amendments to the sick textile undertakings (nationalisation) act, 1974 chapter ii xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx chapter iii amendments to the textile undertakings (nationalisation) act, 1995 5. on and from the date of commencement of the textile undertakings (nationalisation) act, 1995 (hereafter in this chapter referred to as the principal act), in section 3, after the following sub sections shall be .....
Tag this Judgment!Court : Supreme Court of India
..... chapter applicable to the case on hand, being chapter iii of that act, read thus: the textile undertakings (nationalisation) laws (amendment and validation) act, 2014 no.36 of2014[17th december, 2014.]. 4 (2009) 10 scc4645 (2013) 8 scc3376 (1923) vol. l (ia) 324 31 an act further to amend the sick textile undertakings (nationalisation) act, 1974 and the textile undertakings (nationalisation) act, 1995, in order to continue with the lease hold rights vested in ..... with effect from the 24th october, 2014. amendments to the sick textile undertakings (nationalisation) act, 1974 chapter ii xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx chapter iii amendments to the textile undertakings (nationalisation) act, 1995 5. on and from the date of commencement of the textile undertakings (nationalisation) act, 1995 (hereafter in this chapter referred to as the principal act), in section 3, after the following sub sections shall be .....
Tag this Judgment!