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1962 Supreme(SC) 64

P.B.GAJENDRAGADKAR, A.K.SARKAR, K.N.WANCHOO
Fine Knitting Company LTD. – Appellant
Versus
Industrial Court, Bombay – Respondent


Advocates:
I.M.SHROFF, J.P.MEHTA, N.M.BAROT

GAJENDRA GADKAR, J.

(1) THE appellant, the Fine Knitting Co. Ltd., as incorporated in 1908 and its principal activity then was to manufacture hosiery. In 1924, when the appellant shifted its factory from Barejadi to Ahmedabad, it installed spinning machinery with 9000 spindles with a view to ensure suitable and even supply of yarn for its hosiery manufacture. On May 30, 1939, the Government of Bombay issued a notification under the Bombay Industrial Disputes Act, 1938 (No. XXV of 1938), whereby hosiery concerns were included in the definition of Cotton Textile Industry. Subsequently on July 17, 1945, another notification was issued as a result of which the hosiery manufacture was excluded from the Cotton Textile Industry and it was covered by a separate notification issued under the said Act. This latter notification which was made applicable to the Hosiery Industry specified that the said notification inter alia, to all concerns using power and employing twenty or more persons which are engaged, in the manufacture of hosiery or other knitted articles made of cotton and all processes incidental or supplementary thereto. After this notification was issued, the















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