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2001 Supreme(SC) 45

S.RAJENDRA BABU, SHIVARAJ V.PATIL, DORAISWAMY RAJU, D.P.MOHAPATRA, G.B.PATTANAIK
Union Of India – Appellant
Versus
Elphinstone Spinning And Weaving Mills Company LTD. – Respondent


JUDGMENT

Pattanaik, J.—These appeals by the Union of India are directed against the judgment of the Bombay High Court, Certificates under Articles 132(1) and 133 of the Constitution for leave to appeal to the Supreme Court having been granted by the High Court itself. By the impugned judgment, the Bombay High Court came to the conclusion that the action of the Union Government in taking over the managements of the three Cotton Mills, namely, The Elphinstone Spinning and Weaving Mills Company Ltd., Jam Manufacturing Mills and New City Mills of Bombay under the provisions of Textile Undertakings (Taking over of Management) Ordinance, 1983, (hereinafter referred to as “The Ordinance”) and the Textile Undertakings (Taking over of Management) Act, 1983 (hereinafter referred to as “The Act"), infringed the fundamental right under Article 14 of the Constitution and, therefore, qua them it was invalid. The High Court also further came to hold that the Act infringed the petitioners’ fundamental rights under Article 19(1)(g) and on that count qua the petitioner was equally invalid. In coming to the aforesaid conclusion the High Court after thorough discussion of the materials on record found

























































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