Court : Supreme Court of India
Reported in : AIR1977SC1566; (1977)3SCC4; [1977]3SCR525
..... , and immediately thereafter stood transferred and vested in the national textile corporation. the ordinance was later replaced by the sick textile undertakings (nationalisation) act, 1974 (hereinafter referred to as sick textile act). sections 3 and 4 of the act are as follows:3. acquisition of rights of owners in respect, of sick textile undertakings. (1) on the appointed day, every sick textile undertaking and the right, title and interest of the owner ..... in relation to every such sick textile undertakings shall stand transferred to, arid shall .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC476; [1978]48CompCas350(SC); [1978(36)FLR231]; (1978)1SCC490; [1978]2SCR499; 1978(10)LC77(SC)
..... the interpretation of an interim order passed by this court on 28th september, 1973 in a writ petition challenging the validity of the sick textile undertakings (taking over of management) act, 1972 as also the impact of the sick textile undertakings (nationalisation) act, 1974 on the proceedings taken in this case both before and after the passing of the interim order by this court.2. for short ..... as m.s.t.c., the official liquidator as o.l., the sick textile undertakings (taking over of management) act of 1972 as the management act and incase of the ordinance which had preceded that act as the management ordinance. the sick textile undertakings (nationalisation) act 1974 will be referred to as the nationalisation act.3. the point involved lies within a very narrow compass and the high court appears to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)
..... that its affairs were being managed in a manner highly detrimental to public interest.10. by these petitions, the petitioners challenge the constitutional validity of certain provisions of the sick textile undertakings (nationalisation) act and of the order dated october 19, 1971. we are not concerned with the merits of that challenge at this stage. the petitioners further challenge the constitutionality of the constitution ..... exercise of the power conferred under section 18a of the industries (development and regulation) act, 1951, authorised the taking over of the management of the industrial undertaking of the petitioners by the national textile corporation and the sick textile undertakings (nationalisation) act 1974 (hereinafter referred to as the nationalisation act) by which the entire industrial undertaking and the right, title and interest of the petitioners in it stood transferred to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000
..... rights was challenged 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 in clause(b) of article 39 of the constitution. article 31c ..... 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 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC95; 1983(2)SCALE619; (1984)1SCC619; [1984]1SCR657; 1984(16)LC11(SC)
..... government regulating the movement of coal.21. railway is a monopolistic undertaking in the matter of transport of coal by railways. barring some tiny dots which may become visible only by a magnifying glass, the entire railway network is nationalised and the railway is a department of the union of india. ..... of coal so as to provide this primary energy material to establishments like the railways, thermal power stations, fertiliser plants, cement plants, steel plants, textile factories, chemical industries and like. the committee assesses the requirements of various industrial units, consumers establishments and other consumers located in different parts of ..... that union of india, ministry of railways has issued preferential traffic schedule in exercise of power conferred by section 27a of the indian railways act, 1890 ('act' for short). this preferential traffic schedule provides for preferential treatment in transport of goods from various stations. it provides five inter se priorities a .....
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 : AIR1984SC1688; (1984)3CompLJ49(SC); 1984(2)Crimes441(SC); [1984(49)FLR382]; 1984(2)SCALE218; (1984)4SCC222; [1985]1SCR626
..... result of that notification, the administration and control of the company are vested in an administrator appointed by the central government under that act. later, the company was notified as a sick textile undertaking under the first schedule to the sick textile undertakings (nationalisation) act, 1974, which came into force on april 1, 1974.7. the complaints for non-payment of the employer's contribution to the ..... provident fund were filed against the accused under section 14(2a) of the act which reads thus :section 14. penalties.x x x(2-a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1813; 1984(32)BLJR393; (1984)3CompLJ249(SC); [1984(49)FLR401]; 1986LabIC382; (1984)IILLJ507SC; 1984(2)SCALE406; 1984(Supp)SCC443; [1985]1SCR751; 1985(17)LC185(SC)
..... of the respondent company. this contention has merely to be stated to be rejected. section 5(1) of the sick textile undertaking (nationalisation) act, 1974 provides that 'every liability' other than the liability specified in sub-section (2) of the owner of a sick textile undertaking, in respect of any period prior to the appointed day, shall be the liability of such owner and shall be ..... ltd. and ors. : (1984)illj140mad the union in its writ petition contended that as the national textile corporation a government of india undertaking was appointed as the authorised controller of the swadeshi cotton mills under section 18a of the idr act on april 13, 1978 the appropriate government in respect of such mill would be the central government and the state government had .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1234; (1986)88BOMLR662; [1987]61CompCas373(SC); (1986)2CompLJ261(SC); 1986(1)SCALE657; 1986Supp(1)SCC117; [1986]2SCR187
..... reasoning of the high court. the high court failed to appreciate that it was dealing with an act of parliament providing for taking over in public interest of management of the textile mills specified in the second column of the first schedule, pending nationalisation of such textile undertakings and for matters connected therewith and incidental thereto. the legislation was clearly in furtherance of the directive ..... in the long title, was to provide for the taking over in the public interest of, the management of the textile undertakings of the companies specified in the first schedule pending nationalisation of such undertakings and for matters connected therewith or incidental thereto. the preamble to the act brings out the necessity for such legislation : whereas by reason of mismanagement of the affairs of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC110; 1986(2)SCALE253; (1986)4SCC1; 1986(2)LC568(SC)
..... in these three writ petitions in which the take over of the management and the nationalisation of the sick textile undertaking, adoni cotton mills, are questioned. the only ground of attack was that the adoni cotton mills was not a sick textile undertaking at all and that it had been so classified merely because the mills had been ..... to the survey report made at the instance of the investigation committee appointed by the government of india under sec. 15 of the industries development and regulation act as well as the report of the collector of kurnool submitted to the government of andhra pradesh. the first report sets out various details relating to the ..... the new lessee managed to start the mill just before the appointed day under the sick textile undertakings (taking over of management) act and appeared to be resourceful and confident, it did not follow that the mill was not a sick textile undertaking. the second report on which the counsel placed reliance was that of the collector of the .....
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