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1959 Supreme(Mad) 33

BALAKRISHNA AYYAR
South Arcot Electricity Distribution Co. , by Director in-charge V. N. Krishnaswami – Appellant
Versus
Elumalai – Respondent


Advocates:
K. Rajah Ayyar, M. Ranganatha Sastri and S. Bhaskaran, for Petitioner in all the petitions.
S. Mohan Kumaramangalam, for 1st Respondent in W.P. No. 820 of 1958.
R. Ramasubbu Iyer, R. Gopalan, A.D. Sitharaman and B.R. Dolia, for the 1st Respondent in W.P. Nos. 842 to 847 of 1958.
T. Venkatadri, for the 2nd Respondent in W.P. Nos. 820 and 842 to 847 of 1958.
The Additional Government Pleader (K. Veeraswami), for Respondents 3 and 4 in W.P. Nos. 820 and 842 to 847 of 1958.

Order.-

The questions for determination in all these writ petitions are the same, and, I shall, therefore, deal with them together.

With effect from 1st June, 1957, the Government of Madras took over the undertaking of the South Arcot Electricity Distribution Company Ltd. They did so in exercise of the powers conferred on them by Madras Act (XXIX of 1954). One consequence of this taking over was that by virtue of section 6 of the Act all the properties of the company and all its rights, liabilities and obligations as on the vesting date, subject to certain provisos, vested in the Government. Some time after they took over the undertaking the Government transferred it to the Madras State Electricity Board. The taking over of the undertaking of the Company by the Government had another consequence which was probably not anticipated. Section 25-FF of the Industrial Disputes Act as it stood in 1956, that is to say, before it was amended by Central Act XVIII of 1957, provided that no workman would be entitled to compensation by reason merely of the fact that there had been a change of employers in any case where the ownership or management of the undertaking in which he was employed was








































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