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1991 Supreme(Ker) 29

VISWANATHA.IYER, MALIMATH, SUKUMARAN
Elizabeth – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Viswanatha Iyer, J.

This original petition under Article 226 of the Constitution essentially challenges Ss.3 and 7 of the Super Clays and Minerals Mining Company (Private) Ltd. (Acquisition of Undertakings) Act. 1983. Kerala Act 3 of 1984. (for brevity the act). and seeks a declaration that the said Act is unconstitutional. though the prayers. as they are. are couched in inartistic language. The original petition is filed in the following

circumstances.

2. There are three petitioners of which the second petitioner is the Company. The Super Clays and Minerals Mining Company (Private) Limited (hereinafter referred to as the Company). Petitioners land 3 are two of its share holders. the first petitioner Smt. Elizabeth Samuel Aaron claiming to bet its single largest share holder. The main object of the Company is to mine China Clay. purify and supply the same to various industries for the manufacture of fire bricks. refectories lining bricks. China ware etc.

The Company commenced its operations in 1973. but soon ran into great financial difficulties. which constrained the management to declare a lay-off on January 13.1975 for the period up to March!. 1976. The Company was emplo













































































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