Swadeshi Cotton Mills vs Union Of India on 13 January, 1981
Whether the report should be furnished or not must
therefore, depend in every individual case on the
merits of that case. We have no doubt that in the
instant case, non-disclosure of the report of the
Investigating Committee has not caused any prejudice
whatsoever to the appellants. (emphasis added)
It will be seen from what has been extracted above that
in Keshav Mills case, this Court did not lay it down as an
invariable rule that where a full investigation after
'notice to the owner of the industrial undertaking has been
held under Section 15, the owner is never entitled on
grounds of natural justice, to a copy of the investigation
report and to an opportunity of making a representation
about the action that the Government proposes to take on the
basis of that report. On the contrary, it was clearly said
that this rule of natural justice will apply at that stage
in cases "where unless the report-is given the party
concerned cannot make any effective representation about the
action that Government takes or proposes to take on the
basis of that report." It was held that the application or
non-application of this rule depends on the facts and
circumstances of the particular case. In the facts of that
case, it was found that the non-disclosure of the
investigation report had not caused any prejudice whatever
because the Company were "aware all along that as a result
of the report of the Investigating Committee the Company's
undertaking was going to be taken (over) by Government", and
had full opportunities, to make all possible representations
before the Government against the proposed take-over of the
Mill.