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1990 Supreme(All) 221

S.K.DHAON
JAY SHREE TEA LTD. – Appellant
Versus
INDUSTRIAL TRIBUNAL (1) – Respondent


Advocates Appeared:
JAGDISH SVARUP, K.P.AGARWAL, Kesari Nath Tripathi, P.K.MUKHERJI, S.C.AGARWAL, VIJAY RATAN AGARWAL, VINOD SWARUP

S. K. DHAON, J.

( 1 ) IN this and the companion Writ Petition Nos. 8214 of 1986,3294 of 1985,13015 of 1984 and 9948 of 1983 the employers feel aggrieved by the refusal of the State of Uttar Pradesh to accord them permission to close down either undertakings or units.

( 2 ) IN this petition the material averments of Jay Shree Tea and Industries Ltd. , a public limited company, are these. Amongst other businesses, the company has an establishment of Jay Shree tyres and Rubber Products at Allahabad (hereinafter referred to as the Allahabad Unit ). Each business run by the company is a separate establishment having a separate finance, management and control. The Allahabad unit has been suffering huge losses year after year. It has suffered losses from its very inception. In 1976-77 its loss was of Rs. 1. 68 lacs, in 1977-78 the loss was of Rs. 49. 98 lacs, in 1978-79 the loss was of Rs. 44. 37 lacs, in 1979-80 the loss was Rs. 92. 08 lacs, in 1980-81 the loss was of Rs 114. 5 lacs, in 1981-82 the loss was of Rs. 110. 15 lacs, in 1982-83 the loss was of Rs. 109. 65 lacs, in 1983-84 the loss was of Rs. 133. 55 lacs, in 1984-85 the loss was of Rs. 164. 25 lacs and in 1985-86 the loss was























































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