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ELIPE DHARMA RAO, J.

The first respondent Anglo French Textiles is a Unit of Pondicherry Textile Corporation Limited, Pondicherry, a Company created under the Companies Act and it is a Government of Pondicherry Undertaking. Originally, the Anglo French Textiles Limited was a private concern and was owning a Mill, which was one of the largest Mills in the Union Territory of Pondicherry and it was functioning till July,1983 and thereafter, there was no manufacturing process. Since the efforts of the Government of Pondicherry to reopen the Mill by negotiations with the private management and the trade Union Leaders failed, it has promulgated the Anglo French Textiles Limited (Acquisition and transfer of Textile Undertaking) Act, 1986 and the Mill was taken over by the Government of Pondicherry with effect from 24.12.1985 by promoting a Government company in the name and style of Pondicherry Textile Corporation Limited. It is seen from the materials placed on record that the appellants herein, who were the employees of the Anglo French Textiles Limited, were removed from their services on some charges of instigation of strike, misbehaviour etc. and the particulars regarding their removal are as follows:

12. The undisputed fact is that the erstwhile Anglo French Textiles Limited, Pondicherry, which was a private concern was owning a Mill,and it was functioning till July,1983 and thereafter since there was no manufacturing process, and since the efforts of the Government of Pondicherry to reopen the Mill also failed, the Mill was taken over by the Government of Pondicherry, with effect from 24.12.1985 by promoting a Government Company in the name and style of Pondicherry Textile Corporation Limited, by promulgating the Anglo French Textiles Limited(Acquisition and Transfer of Textile Undertaking) Act, 1986. This Act has made several protective clauses in favour of the present Management. Section 5 of the said Act reads:

14. On a perusal of the provisions of this Act, it is clear that neither the Government of Pondicherry nor the first respondent Corporation shall be liable for any liability of the owner of textile undertaking in respect of any liability for the period prior to the appointed date. But, we are not concerned of this aspect in this writ appeal.

15. From the materials placed on record, it is seen that the Central Government has extended to the Union Territory of Pondicherry, the Tamil Nadu Relief Undertakings (Special Provisions) Act, 1969 by notification No. G.S.R.33(E), dated 13.1.1984. As a result, the Government of Pondicherry, by G.O.Ms.No.34/Ind, dated 22.5.1986, had declared the Anglo French Textiles Mill, a Unit of the Pondicherry Textiles Corporation Limited, as a "Relief Undertaking" for a period of one year with effect from 22.5.1986, which was time and again extended till 22.5.1990, during which period the following enactments shall not apply in relation to the said Anglo French Textiles:

19. Further more, as per Section 11(3)(b) of the Anglo French Textiles Limited ( Acquisition and Transfer of Textile Undertaking) Act, 1986, "a person whose services stand terminated under sub-clause (1) of clause (a) shall not be entitled to claim employment in the Corporation as of right". Therefore, there is no vested right on the appellants for re-employment in the first respondent Corporation. As has already been adverted to supra, none of the provisions of the Anglo French Textiles (Acquisition and Transfer of Textile Undertaking) Act and the Notifications issued by the Government of Pondicherry extending the provisions of Tamil Nadu Relief Undertakings (Special Provisions) Act,1969 to the first respondent, were under challenge from any corner, particularly by the appellants. Therefore, in the considered opinion of this Court, the appellants cannot claim re-employment as of right.