Judgment

CHINNAPPA REDDY, J.:- The question raised in this case is whether the Ginning and Pressing Factory of the petitioner which was taken over along with the Textile Undertaking under the provisions of the Sick Textile Undertakings (Taking Over of Management) Act was validly so taken over. The answer to the question depends on whether the Ginning and Pressing Factory could be considered to be part and parcel of the Textile Undertaking or whether it was a totally distinct and separate establishment. The learned counsel invited our attention to the balance-sheet of the Company for the year 1963 where in the list of the fixed assets of the Company, under each of the heads Lands, Factory Buildings, Non-Factory Buildings, Plant and Machinery and Furnitures and Fixtures, the value of the assets was shown separately under the sub-heads Mill and Gin and Press. The learned Counsel also drew our attention to the circumstance that there were separate Provident Fund Schemes for the employees of the Mill and the employees of the Ginning Factory. The separate valuation of Land, Buildings etc. under the sub-heads Mill and Gin and Press may show that the Ginning and Pressing Factory was treated