RASHTRIYA MILL MAZDOOR SANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is against the judgment of the Bombay High Court dismissing a writ petition filed by the appellant to challenge the validity of Sections 9(2), 10(2),12(1), and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986 (Maharashtra Act No. XLVI of 1986).

(2.) The Empress Mills, Nagpur, a textile undertaking, has been nationalised by the Central India Spinning. Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986 (for short "the Act"). The constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Act was questioned in a writ petition filed by the appellant claiming to be a representative union of the workmen employed in the Empress Mills on the ground that these provisions violate Articles 14, 19 (1) (c) and 21 of the Constitution. The Bombay High Court has rejected the challenge.

(3.) The Empress Mills, Nagpur consists of five textile units and a paper division. It was the first venture of Jamsethji Tata, a pioneer in the field of industry. The background in which it was nationalised as mentioned in the Statement of Objects and Reasons accompanying the Bill is as under: