The petitioners claiming to be the members of various trade unions operating in the companypanies engaged in manufacture of zip fasteners have filed this Writ Petition under Article 32 of the Constitution of India seeking mandamus to quash the permission granted to YKK for setting up INTEGRATED PLANTS for manufacturing metallic and number metallic zip fasteners in India.
This writ petition was filed by three petitioners, namely, 1 Zipper India Pvt.
First respondent is the Union of India and the second respondent is Foreign Investment Pormotion Board FIPB .
It is in this backdrop we have to examine various challenges led by the petitioners in this Writ Petition.
Zip fasteners are broadly classified into two categories, metallic and number metallic zip fasteners.
S.O.No.309 3 dated May 30, 1986 and dismissed the writ petition.
As of today the High technology used by these manufacturers in successfully companypeting the world market and earning valuable foreign exchange for India.
S.O. 309 E dated 30th May, 1986 as also to the new industrial policy in Bombay and Delhi High Courts.
Special Leave Petition C No.1952 of 1996 was also dismissed by this Court on 15.7.1997.
The High Court of Delhi vide its judgement and order dated 1.7.1996 dismissed the writ petition.
The Special Leave Petition was allowed to be withdrawn by this Court.
S.O. 309 E dated 30th May, 1986 and for declaration that new industrial policy of 1991 is in violation of the Industries Development and Regulation Act, 1951 for short the Act .
They have been supplying zip fasteners to the manufacturers of readymade garments, leather garments and allied articles.
Before we deal with the companytentions raised on behalf of the petitioners it may number be out of place to mention certain other proceedings in which an identical challenge was made to the Notification No.
There was also a challenge to the Notification No.309/E dated 30.05.1986.
The present Writ Petition was filed on September 23, 1996 under Art.32 of the Constitution of India by Zippers karamchari Union and it was tagged and heard along with Special Leave Petition.
Appeal No.220 of 1988 filed on behalf of unsuccessful writ petitioners was dismissed by the Division Bench by its judgement and order dated February 28, 1997.
Writ Petition No.1987/1986 was filed in the Bombay High Court challenging the validity of Notification No.
This Court by its order dated 12.8.1997 admitted Writ Petition for final disposal but dismissed the Special Leave Petition.
Most of these manufacturers fall within the parameters of small scale industry.
These manufacturers after putting their hard work and on obtaining knowhow have been manufacturing the zip fasteners and successfully companypeting with the international market of zip fasteners.
In these proceedings respondent Nos.3 and 4 were arrayed as respondents.
In addition to this prayer, a Writ of Mandamus is also sought to set aside the Notification No.
The integrated plant for manufacture of zip fasteners metallic and number metallic does number involve an access to high technology and would markets.
Of companyrse to this writ petition YKK companyld number be a party as it got the approval to start its integrated plant on 7.7.1995.
It is alleged by the petitioners that zip fasteners and its companyponents were being manufactured in India since 1949.
3297 of 1975 in the High Court of Delhi, at New Delhi under Article 226 of the Constitution of India challenging the New Industrial Policy, 1991 and office Memorandum No.9 90 /91 FC 1 dated 22.8.1991.
Ltd., 2 Kishore J. Vora and 3 Zipper Association of India.
JUDGEMENT P. LURDUKAR.J. MS.
Zipper Association of India than filed Civil Writ Petition No.
There are about 150 small scale units in India engaging over 45,000 workers in the manufacturing process of various companyponents for the end product i.e. zip fastener.
The action of the Central Government is illegal and be quashed.
Y.K.K. Corporation, Japan, for short YKK an international group companypany, having worldwide net of companypanies and business locations in various companyrtries, on April 29, 1995 submitted a proposal representation to the Foreign Investment Promotion Board, New Delhi for short FIPB seeking approval to set up integrated plants for manufacturing zip fasteners metallic and number metallic with hundred per cent own capital investment with numberexport obligation.
The approval letter was issued on 7th July, 1995 and the numbere of the Minister of State was made on 5th September, 1995.
On companysideration of this proposal the FIPB forwarded the same with its recommendation to the Central Government.
Notwithstanding this factual position the reservation companytained in Section 29 B 2 2B read with item 38 3 in the First Schedule of the Act, the Central Government dereserved this item providing exception in case of integrated plant manufacturing zip fasteners metallic and number metallic by violating the said provisions of the Act and extending favourable treatment to the foreign investor for extraneous companysideration.
Learned Single Judge of the Bombay High Court upheld the Notification No.
eversince 1971 the manufacturing of zip fasteners has been reserved exclusively for the small scale sector.
Accordingly, YKK through its subsidiary companypany m s YKK Zippers, Singapore p Ltd., the third respondent set up integrated plants at Bawal in Haryana.
