TEA TRADING CORPORATION OF INDIA LIMITED UNION OF INDIA TEA TRADING CORPORATION OF INDIA LIMITED Vs. PASHOK TEA COMPANY LIMITED:PASHOK TEA COMPANY LIMITED:PASHOK TEA COMPANY LIMITED

JUDGEMENT

(1.) In pursuance of two orders dated 11th October, 1976 passed by the Central Government in exercise of the powers conferred on it by Clause (a) of Sub-section (1) of Section 16E of the Tea Act, 1953 (hereinafter referred to as the Act) the Tea Trading Corporation of India Ltd. (for short, the Corporation) took over the management of the whole of two units known as Pashok Tea Estate and Looksan Tea Estate, both owned by the Pashok Tea Company Ltd. (hereinafter called the Company). The legality of the orders was challenged by the Company through two petitions under Article 226 of the Constitution of India before the Calcutta High Court, a learned Single Judge of which accepted both of them by a judgment dated 9th April 1979. The Union of India and the Corporation re-agitated the matter in separate appeals which were, however, dismissed by a Division Bench of the High Court whose judgment dated 2nd July 1980 is now sought to be reversed by the Union of India in Civil Appeals Nos. 2691 and 2692 of 1980 and by the Corporation in Civil Appeals Nos. 1728, 1729 and 2132 of 1980. All these five appeals have been instituted on the strength of a certificate granted by the High Court and are being heard together.

(2.) The impugned judgment is based on the interpretation of Clause (a) of Sub-section (1) of Section 16E of the Act and its application to the facts of the case. That Sub-section is reproduced below:

(3.) The main conclusions arrived at in the impugned judgment were: