MADURA COATS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions coming on for hearing on Monday, the 25th, Tuesday 26 and Wednesday, the 27th days of June, 1990, upon perusing the petitions and the respective affidavits filed in support thereof the order of the High Court, dated 20.9.89 and made in WP No. 12883/89 ; dated 3.10.89 in WP Nos. 13405 to 13407/89 ; dated 4.10.89 in WP Nos. 13516 to 13518/89; dated 5.10.89 in WP Nos. 13594/89, 13625 and 13715/89; dated 19.10.89 in WP Nos. 13797/89, 13931 of 1989, 13941 to 13944 and 13946/89 ; dated 12.10.89 in WP Nos. 13844, 13848, and 13849 of 1989; dated 25.10.89 in WP Nos. 14037, 14052, 15062, 14063, 14068, 14069 and 14070/89; dated 30.10.89 in WP Nos. 14269, 14275, and 14284 to 14287 of 1989 ; dated 31.10.89 in WP Nos 14348, 14355, 14368 and 14379 of 1989; dated 1.11.89 in WP No. 14406/89; dated 2.11.89 in WP Nos. 14466 to 14468 of 1989 dated 6.11.89 in WP Nos. 14530, 14531 and 14533 to 14535/89 ; dated 7.11.89 to WP Nos. 14610 of 1989 ; dated 8.11.89 to WP Nos. 14665 of 1989 ; dated 9.11.89 in WP Nos. 14694 to 14696 of 1989 ; 14700 to 14704, 14716, 14717/89 ; 14718/89, 14719 and 14720 of 1989 ; dated 13.11.89 in WP Nos. 14782 to 14785 of 1989 ; dated 15.11.89 in WP Nos. 14808 to 14810/89 and 14827/89 ; dated 16.11.89 in WP Nos. 14843, 14877, 14917 and 14918/89 ; dated 17.11.89 in WP No. 14898 and 14913 of 1989 ; dated 18.11.89 in WP No. 14924 and 14947 of 1989 ; dated 21.11.89 in WP No. 15012 of 1989 ; dated 28.11.89 in WP Nos. 15200 and 15027 of 1989 ; dated 30.11.89 in WP Nos. 15259/89 and 15296/89 ; dated 6.12.89 in WP No. 14510/89 and 15470 of 1989 ; 5.12.89 in WP No. 14523/89 ; dated 11.12.89 in WP No. 15570/89 ; dated 1.12.89 in WP No. 15624/89 ; dated 18.12.89 in WP Nos. 15730/89, 14754/89, 15796/89, 15812/89, 15820, 15829, 15830 and 15831/89; dated 13.12.89 in WP No. 15631/89; dated 15.12.89 in WP No. 15797/89; dated 21.12.89 in WP No. 16046/89 ; dated 22.12.89 in WP Nos. 16055/89, 16144 & 16145/89 ; dated 3.1.90 in WP Nos. 39/90, 45/90 and 46/90; dated 5.1.90 in WP Nos. 141 to 143/90; dated 18.1.90 in WP Nos. 565 to 569/90 and 570/90 ; dated 19.1.90 in WP Nos. 665/90 ; dated 23.1.90 in WP Nos. 765/90, 775 to 776 of 1990; dated 30.1.90 in WP No. 1017/90 dated 13.2.90 in WP 1640/90 respectively and made herein and the respective counter affidavits filed herein and the reply affidavit filed in WP No. 12883/89 and the records relevant to the prayer aforesaid comprised in return of the respondents in each of the said petitions to the writs made by the High Court and upon hearing the arguments of Mr. Ramasubramaniam of M/s Ramasubra- maniam and Associates, Advocate for the petitioners in WP Nos. 12883, 13405, 13046, 13047, 13625, 13797, 13941, 13942, 13943, 13944, 14037, 14269, 14275, 14284, 14295, 14286, 14287, 14355, 14368, 14379, 14466, to 14468, 14530, 14531, 14533, to 14535, 14716 to 14720 14782 to 14785, 14827, 14870, 14913, 14917, 14918, 14947, 15200, 15207, 15296, 15470, 15624, 15631, 15797, 15812, 15820, 16144, 16145 of 1989 and 45, 46, 565 to 569/90, 775, 776, 1017, and 1640 of 1990, Mr. K Goindarajan, Advocate for the petitioners in WP Nos. 13516 to 13518, 13594, 13848, 13931, 13946, 14068, 14069, 14070, 14348, 14610, 15570 and 15796 of 1989, Mr. A S Venkatachalamoorthy, Advocate for the petitioners in WP Nos. 13715, 13849, 14052, 14406 14665, 15754 of 1989 570/30 ; M Jayaraman, Advocate for the petitioner in WP Nos. 13844, V Srinivasan, Advocate for the petitioner in WP Nos. 14062 and 14063 of 1989, Mr. T S Gopalan, Advocate for the petitioner in WP Nos. 14694 to 14696/89, 141, 142 and 143 of 1990, Mr. S Sivanath, Advocate for the petitioner in WP No. 14700 of 14704/89, Mr. R Arunagirinathan, Advocate for the petitioner in WP Nos. 14808 to 14810 of 89, Mr. R N Patel, Advocate for the petitioner in WP Nos. 14843/89, Mr. R Subramani for M/s King & Patridge, Advocate for the petitioner in WP Nos. 15989, 15831/89 and 39/90, Mr. Ramasami, Advocate for the petitioner in WP No. 14924/89, Mr. C Natarajan, Advocate for the petitioner in WP No. 15012/89, Mr. K Kuppusamy, Advocate for the petitioner in WP No. 15259/89, Mr. K Jayachandran, Advocate for the petitioners in WP Nos. 15410 and 15730/89, Mr. N Veeeramani, Advocate for the petitioner in WP No. 15423/89, P Jayaraman, Advocate for the petitioners in WP Nos. 15829 and 15830/89, Mr. D Raju, Advocate for the petitioner in WP No. 16046/89, Mr. M V Venkataseshan, Advocate for the petitioner in WP Nos. 16055/89, Mr. A K Mylsamy, Advocate for the petitioner in WP No. 665/90, and of Mr K Sampath, Advocate for the petitioner in WP No. 765/90 and of M Rs. Noorjahan Razack, Addl. Central Govt. Standing Counsel on behalf of the Union of India and of the Advocate General for Mr T N Vallinayagam on behalf of the State level Co-ordinator in all the petitions of Mr. R Krishnamoorthy, Senior Counsel for Mr. T N Vallinayagam, Advocate for the Indian Oil Corporation, Bharat Petroleum Corporation and Hindustan Petroleum Corporation and the 6th respondent in WP Nos. 15012 and 15410/90 not appearing in person or by Advocate, and having stood over for consideration till this day, the Court made the following Order :

(2.) All these cases raise the very same issue and as such they are dealt with together.

(3.) A circular issued by the second respondent, the State Level Co-ordinator, Tamil Nadu and Pondicherry/dated 31.7.1989 is challenged by the petitioners/companies in these cases. All of them are companies registered under the Companies Act.