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2008 Supreme(All) 299

V.K.SHUKLA
MUIR MILLS LTD. , KANPUR – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT-I, U. P. KANPUR – Respondent


Advocates:
Counsel :
D.P. Singh for the Petitioner; S.F.A. Naqvi for the Respondents.

JUDGMENT

Honble V.K. Shukla, J.—M/s. Muir Mills, a unit of National Textile Corporation (U.P.) Ltd. Kanpur, has approached this Court, questioning the validity of order dated 31-7-2006 passed by Presiding Officer, Labour, Court-I, Kanpur in proceeding under Section 33-C (2) of the Industrial Disputes Act, 1947.

2. Brief background of the case is that M/s Muir Mills was earlier owned and controlled by the private management and thereafter due to mismanagement and labour problem, the mill in question became sick and was closed. Its management was earlier taken over by the Government of India under the Industrial (Development and Regulation) Act, 1952 vide Gazette Notification dated 22-12-1965. Subsequent to the same, the mill was nationalized by the Government of India under the Sick Textile Undertaking (Nationalization) Act, 1974 (Act No. 57 of 1974). After nationalization by the Central Government, the petitioner mill alongwith its entire property stood vested in the Central Government under Section 3 (1) Act No. 57 of 1974. Under Section 3 (2) of the said Act, the Mill stood transferred and vested in the National Textile Corporation, and under Section 6 (2) of the said Act, the mill














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