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Showing contexts for: NELLORE in J. Ganapathy And Ors. vs Managing Director, Nellore Co-Op. ... on 12 August, 1977Matching Fragments
1. The petitioners in these two writ petitions are permanent workers of the respondent, Nellore Co-operative Spin ning Mills Ltd. The mill was closed on 24th May, 1975, until further notice on the ground that there was clash among the workers on the night of 23rd May, 1975 which resulted in the death of a worker and serious injuries to a number of workers, and the situation became tense, and the management felt that the normal working of the mill was likely to endager the person and property of the mill Thereafter by a G. O. Ms. No. 840 dated 27th August, 1975, a notification was published including the respondent-mill in the First Schedule to the Andhra Pradesh Relief Under takings (Special Provisions) Act XIX of 1971 (referred to in this judgment as the Relief Undertakings Act). Another notification was made on the same day in G.O. Ms. No. 842 declaring that the respondent-mill shall be deemed to be a relief undertaking. Another notification comprised in the same G. O. stated that the provisions of the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947 shall not apply to the said undertaking. The mill was re-opened on 2nd September, 1975 but on the same day the managing director of the respondent-mill served notices of termination on 32 workers of the mill, 28 of whom are the petitioners in W.P. No. 4707 of 1975 and the other 4 petitioners in W.P. No. 4759 of 1975. The termination order is in the following terms:
Hence you are hereby informed that your services are terminated from 2nd September, 1975 and you cease to be worker of this management from that date, viz., 2nd September, 1975.
S/d. R. Venkatesam, Managing Director, The Nellore Co-operative Spinning Mills Ltd., Nellore"
2. The petitioners have filed these writ petitions praying for the issue of writ of mandamus or any other appropriate writ or direction calling for the records relating to the impugned order and declaring the termination order as illegal and void.
(2) A notification under Sub-section (1) shall have effect for such period not exceeding twelve months as may be specified in the notification ; but it shall be renewable by like notifications from time for further periods not exceeding twelve months at a time, so, however, that all the periods in the aggragate do not exceed five years.
8. The two undertakings referred to in the first schedule at the time when the Act was passed were Azamjahi Mills, Hyderabad, and the Netha Co-operative Spinning Mills Ltd., Hyderabad Section 5, however, gave power to the Government to add to the first Schedule by a notification after obtaining the concurrence of the Central Government. Accordingly, the Government made a notification in G.O. No. 840 date 27th August, 1975 amending the First Schedule by adding the following item: "The Nellore Co-operative Spinning Mills Ltd. Nellore". They also issued another notification No. 1 in G.O. No. 842, dated 28th August, 1975, declaring that the respondent-mills shall, with effect from 28th August, 1975, be conducted to serve as a measure of preventing unemployment and it shall be deemed to be a relief undertaking. The notification shall have effect for a period of 12 months commencing from 28th August, 1975. Section 4 of the Act is in the following terms: