NATIONAL TEXTILE CORPORATION LIMITED DELHI PUNJAB AND RAJASTHAN Vs. SAYAR
LAWS(SC)-1994-2-19
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on February 09,1994

NATIONAL TEXTILE CORPORATION LIMITED Appellant
VERSUS
SAYAR Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Respondent 1 (workman) was employed with respondent 4 (Mahalaxmi Mills Ltd.). The management of the Mills was taken over and an Authorised Controller was appointed on 9-1-1967 under the provisions of the Industries (Development and Regulation) Act, 1951. During the period of management, Respondent 1 was charge-sheeted for misconduct on 19-1-1973 and was dismissed from service by the Authorised Controller on 16-4-1973. The workman raised an industrial dispute challenging the termination of his service and consequently a reference of the dispute was made for adjudication to the Labour Court. While the reference was pending before the Labour Court, the Sick Textile Undertakings (Nationalisation) Act, 1974 came into force with effect from 1-4-1974 and respondent 4 (Mills) was nationalised under the said Act. In terms of the provisions of the said Act, the right, title and interest in the Mills vested in the Central Government and subsequently stood transferred and vested in the first appellant, National Textile (Delhi, Punjab and Rajasthan) Corporation Ltd.
(3.) In view of these developments, the workman made an application before the Labour Court for impleading the first appellant (the Corporation) as well as the second appellant (the General Manager of the Mills). By its order dated 15-4-1976, the Labour Court dismissed the said application. On 28-1-1977, the workman made another application and this time for impleading the owner of the Mills as well as the State of Rajasthan. That application was dismissed as against the State of Rajasthan. Thereafter, the Labour Court dismissed the reference itself on 30-3-1979 on the ground that no relief could be claimed against the owner of the Mills.;


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