Rajasthan High Court, Jaipur Bench
J.S. Verma C.J. & Farooq Hassan, J.
Sayar - Appellant
Versus
Judge, Labour Court, Jaipur. - Respondents
D.B. Civil Writ Petition No. 1068 of 1979
Decided On : September 20, 1988
2. The contention of the learned counsel for the petitioner is that the petitioner is entitled to relief against the National Textile Corporation since the matter falls within the ambit of section 5(2)(c) and section 17(1) of the Sick Textile Undertakings (Nationalisation) Act, 1974. Reliance was placed by the learned counsel), for the petitioner on the decision in the Workmen. Vs. The Bharat Coking Coal Ltd. (!) involving construction of corresponding provisions contained in the Coking Coal Mines (Nationalisation) Act, 1972. In reply, learned counsel for the National Textile Corporation contended that the dispute relating to a workman dismissed prior to nationalisation of the Undertaking under the 1974 Act abates since it is not saved by section 4(6) and section 5(3) of the Act. It was urged that the matter does not fall within the ambit of section 5(2) or section 17(1) of the Act. It was urged in the alternative that the relief, if any, can be given only against the owner of the sick undertaking and not against the National Textile Corporation.
3. The only real controversy emerging from the rival contentions is, whether this matter falls within section 5(2)(c) of the Sick Textile Undertakings (Nationalisation) Act, 1974? It is common ground that if the answer is in the affirmative then only the National Textile Corporation would be liable. No other point was raised on behalf of the respondents. The result, therefore, is that if it is held that the matter is covered by section 5(2)(c) of the 1974 Act then the petitioner would be entitled to the relief of reinstatement with full back wages against the National Textile Corporation since the petitioners claim has not been contested on any other basis throughout.
4. A brief resume of the events leading to nationalisation of this textile undertaking may be given. The management of several textile undertakings was taken over by the Central Government under the Industries (Development and (Regulation) Act, 1951. Thereafter the management of many more textile undertakings was taken over by the Central Government under the Sick Textile Undertakings (Taking over of Management) Act, 1972 pending their nationalisation in public interest. With a view to reorganising and rehabilitating the said textile undertakings in general public interest it became necessary to nationalise the said undertakings. To achieve this object, the Sick Textile Undertakings (Nationalisation) Act, 1974 was enacted to provide for the acquisition and transfer of the sick textile undertakings and
(1) Workmen vs. The Bharat Coking Coal Ltd. (AIR 1978 SC 979)
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