KOTHANDRAN SPG. MILLS PVT. LTD. & ANR. versus UNION OF INDIA & ORS.

KOTHANDRAN SPG. MILLS PVT. LTD. & ANR. versus UNION OF INDIA & ORS.

The Act is constitutionally valid and applies to the petitioner's mill due to legislative determination and inclusion in the Ninth Schedule; no mala fides alleged; petitioners' contentions are without force.

Parties
Petitioner: Kothandran Spg. Mills Pvt. Ltd.; Petitioner: Mahalingam Chettiar; Respondent: Union of India; Respondent: National Textile Corporation
Jurisdiction
India
Judgment Date
28 March 1989
Procedural Posture
Writ Petition / Judgment
Outcome
writ petition dismissed
Legal Topics
Nationalisation, Constitutional Validity, Definition of Sick Textile Undertaking, Article 31 B and Ninth Schedule
Constitutional Law Company Law Labour Law Nationalisation Constitutional Validity Definition of Sick Textile Undertaking Article 31 B and Ninth Schedule

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Parties

Kothandran Spg. Mills Pvt. Ltd.

Petitioner

Mahalingam Chettiar

Petitioner

Union of India

Respondent

National Textile Corporation

Respondent

Procedural Posture

Writ Petition / Judgment

Legal Issues

  1. 1 Whether Sick Textile Undertakings (Nationalisation) Act, 1974 is constitutionally valid.
  2. 2 Whether the Act applies to Kothandran Spg. Mills Pvt. Ltd. given its closure prior to the appointed day.

Ratio Decidendi

The Act is constitutionally valid and applies to the petitioner's mill due to legislative determination and inclusion in the Ninth Schedule; no mala fides alleged; petitioners' contentions are without force.

Court Disposition

writ petition dismissed

Orders

  • parties to bear their own costs of the proceedings