V.A.MOHTA, N.W.SAMBRE
Rashtriya Mill Mazdoor Sangh – Appellant
Versus
State of Maharashtra & others – Respondent
V.A. MOHTA, J.:---The Empress Mills, Nagpur---A textile undertaking has been nationalised by the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, ('the Act'). Constitutional validity of sections 9(2), 10(2), 12(1) and 26 of the Act is questioned in this petition by a representative union of the workers on the ground that they violates Articles 14, 19(1)(c) and 21 of the Constitution.
2. This century old undertaking was the first venture of the famous industrialist Shri Jamsethji Tata. It consists of 5 units and a paper division. The backdrop against which the undertaking is nationalised is best laid out in the Statement of Objects and Reasons accompanying the Bill. We reproduce the same :
"The Central India Spinning, Weaving and Manufacturing Company Limited was established at Nagpur as far back as 1874 and was engaged in the production and manufacture of yarn, cloth and paper through its industrial undertaking. "The Empress Mills", Nagpur. It has installed capacity of 1,10,500 spindles and 2,140 looms and a paper manufacturing unit capable of manufacturing 2,000 tonnes of paper p
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