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
Shri Ram Krishna Dalmia v. Shri Justice S.R. Tendolkar & Ors.
Corocraft Ltd. v. Pan American Airways Inc., (1968) 3 WLR 714
Mohd. Faruk v. State of Madhya Pradesh & Ors.
Indira Sawhney v. Union of India & Ors.
Dr. K.R. Lakshmanan v. State of T.N. & Anr.
Mrs. Maneka Gandhi v. Union of India & Anr.
Sanjeev Coke Manufacturing Company v. M/s. Bharat Coking Coal Limited
Doypack System Pvt. Ltd. v. Union of India
Shashikant Laxman Kale & Anr. v. Union of India & Anr.
The Superintendent and Rememberancer of Legal Affairs, West Bengal v. Girish Kumar Navalakha & Ors.
State of Haryana v. Sampuran Singh
Burakar Coal Co. Ltd. v. Union of India
Dwarkadas Shrinivas of Bombay v. The Sholapur Spinning & Weaving Co. Ltd. & Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.