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1992 Supreme(SC) 856

KULDIP SINGH, N.M.KASLIWAL, P.B.SAWANT
N. T. C. (South Maharashtra) LTD. : National Textile Corporation LTD. : National Textile Corporation LTD. : N. T. C. (South Maharashtra) LTD. : N. T. C. (South Maharashtra) LTD. : N. T. C. (South Maharashtra) LTD. : National Textile Corporatio – Appellant
Versus
Rashtriya Mill Mazdoor Sangh: Rashtriya Mill Mazdoor Sangh: Vijay Kumar Agarwal: Vithal S. Mohite: Premji Manga Mahyawanshi: Rupchand Sabhu Mohite: Shankar Bhau Omale: Namdeo Lingayya Ankam: Padamshree Shivlal Shah – Respondent


Advocates:
ALPANA KIRPAL, BHARATI REDDY, CHARU SHARMA, G.RAMASVAMY, HARISH N.SLAVE, INDIRA JAISINGH, KAILASH VASUDEV, M.N.SHROFF, Mukul Mudgal, Narayan B.Shetye, T.V.S.N.Chari

JUDGMENT

SAWANT, J.-

Leave granted in all the special leave petitions and the transfer petitions are allowed.

2. The facts common to all the appeals/cases are as follows:

On January 14, 1982, the workmen of all textiles mills in Bombay went on strike. The strike was declared illegal on February 8, 1982. On October 18, 1983, the Textile Undertakings (Taking Over of Management) Act, 1983 (the Act) came into operation. On February 10, 1984, the management of the respondent-mills was taken over by the National Textile Corporation Limited (NTC) under the provisions of the Act.

3. It is not necessary to go into the details of the facts involved in each of the above appeals/cases. The point of law which is common to all the matters is whether the workmen have ceased to be the workmen of the textile mills and, therefore, of the NTC after the management of the mills was taken over by the NTC w.e.f. February 10, 1984. Both, the Labour Court while granting interim relief and the High Court when confirming the same by the impugned order have taken the view that they continue to be the workmen of the mills and, therefore, of the NTC.

4. The contention of the appellant-NTC is that in the 13 mills whi







































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