JUDGMENT

SEN, J.:— The principal question in controversy in this petition under Art. 226 of the Constitution filed by the Hindustan Petroleum Corporation Ltd., a Government of India Undertaking, which has been transferred from the High Court of Bombay to this Court under Art. 139A of the Constitution, is whether the petitioner is entitled to the protection of S. 15A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, introduced by Maharashtra Act No. 17 of 1973 read with S. 5 of the Esso (Acquisition of Undertakings in India) Act, 1974.

2. Put very briefly, the essential facts are these. The Esso Eastern Inc., a company organised and existing under the laws of the State of Belaware, U.S.A., was carrying on in India the business of distributing and marketing petroleum products manufactured by Esso Standard Refining Company of India Ltd., and Lube India Ltd., and had, for that purpose, established places of business in India. The company had taken several flats in the Metropolitan City of Greater Bombay and elsewhere for accommodating their employees including Flat No. 85 in Block No. 8 in the housing colony known as Shyam Niwas situate at Warden Road, now called Bhu