LAWS(SC)-1992-11-17

N T C SOUTH MAHARASHTRA LIMITED NATIONAL TEXTILE CORPORATION LIMITED NATIONAL TEXTILE CORPORATION LIMITED N T C SOUTH MAHARASHTRA LIMITED N T C SOUTH MAHARASHTRA LIMITED N T C SOUTH MAHARASHTRA LIMITED Vs. RASHTRIYA MILL MAZDOOR SANGH:RASHTRIYA MILL MAZDOOR SANGH:VIJAY KUMAR AGARWAL:VITHAL S MOHITE:PREMJI MANGA MAHYAWANSHI:RUPCHAND SABHU MOHITE:SHANKAR BHAU OMALE:NAMDEO LINGAYYA ANKAM:PAD

Decided On November 24, 1992
N T C South Maharashtra Limited National Textile Corporation Limited National Textile Corporation Limited N T C South Maharashtra Limited N T C South Maharashtra Limited N T C South Maharashtra Limited Appellant
V/S
Rashtriya Mill Mazdoor Sangh:Rashtriya Mill Mazdoor Sangh:Vijay Kumar Agarwal:Vithal S Mohite:Premji Manga Mahyawanshi:Rupchand Sabhu Mohite:Shankar Bhau Omale:Namdeo Lingayya Ankam:Pad Respondents

JUDGEMENT

(1.) Leave granted in all the special leave petitions and the transfer petitions are allowed.

(2.) The facts common to all the appeals/cases are as follows: On 14/01/1982, the workmen of all textiles mills in Bombay went on strike. The strike was declared illegal on 8/02/1982. On 18/10/1983, the Textile Undertakings (Taking Over of Management) Act, 1983 (the 'act') came into operation. On 10/02/1984, the management of the respondent-mills was taken over by the National Textile Corporation Limited (NTC) under the provisions of the Act.

(3.) It is not necessary to go into the details of the facts involved in each of the above appeals/cases. The point of law which is common to all the matters is whether the workmen have ceased to be the workmen of the textile mills and, therefore, of the NTC after the management of the mills was taken over by the NTC w. e. f. 10/02/1984. Both, the Labour courtwhile granting interim relief and the High court when confirming the same by the impugned order have taken the view that they continue to be the workmen of the mills and, therefore, of the NTC.