KULDIP SINGH, N.P.SINGH, P.B.SAWANT
Indian Nut Products: Kerala Nut Foods Company – Appellant
Versus
Union Of India – Respondent
Judgment
N.P. SINGH, J.-
Writ Petition (C) No. 415 of 1988
1. This writ petition has been filed on behalf of the petitioners, who are owners and occupiers of cashew factories. They have questioned the validity of an order dated 6-7-1988, issued by the Government of Kerala, in exercise of the powers conferred on it by Section 3(1)(c) of the Kerala Cashew Factories (Acquisition) Act, 1974 (hereinafter referred to as "the Act") declaring that the cashew factories of the petitioners mentioned in the schedule of the said order shall stand transferred to, and vest in, the Government.
2. The object of the Act aforesaid is to acquire cashew factories in the public interest, in order to prevent large scale unemployment of workers in the cashew industry and to provide employment to such workers who have been rendered unemployed. Cashew factory has been defined under Section 2(b) to mean a factory as defined in the Factories Act, wherein processing of cashew nuts is being carried on and includes the factory building, the site thereof, and the buildings, and lands appurtenant thereto used or necessary for, or in connection with the working of the factory. Section 3 provides :
"Order of acquisition
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