N.V.RAMANA, S.B.SINHA
Bharat Coca-Cola Bottling South East Pvt. Ltd. , Vijayawada – Appellant
Versus
Government Of A. P. – Respondent
( 1 ) THESE two writ applications being inter related were heard together and are being disposed of by this common judgment. In writ Petition No. 7640 of 1999, the petitioner seeks a writ of mandamus quashing the g. O. Rt. No. 506 dated March 23, 1999 and g. O. Rt. No. 507, dated March 23, 1999. In w. P. Np. 13056 of 1999, the petitioner seeks a writ in the nature of mandamus declaring the provisions of Section 10-B of the industrial Disputes Act, 1947 inserted by amendment Act 32 of 1987 as unconstitutional.
( 2 ) THE basic fact of the matter is not in dispute. The petitioner which is a private limited company incorporated under the companies Act, 1956 entered into a Business purchase Agreement with respondent No. 6 whereby and whereunder it acquired the business undertaking of the respondent No. 6 situated at Ramavarappadu, Vijayawada in terms whereof services of 78 permanent employees were taken over by the petitioner. The petitioner set up a manufacturing unit at the village Atmakur, Vijayawada with a view to meeting the exacting quality standards of its beverages. The fifth respondent Union filed a complaint before the Assistant Commissioner of Labour on Novem
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