MP Singh & Ors v. Union of India & Ors

ORDER %

15.11.2011 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

¶1The appellantswere the employees of Videsh Sanchar Nigam Ltd.

(VSNL), which was a Public Sector Undertaking. However, upon dismvestment, VSNL is now known as Tata Communications Ltd. (RespondentsNo.2 to 6in LPA No.930/2011&RespondentsNo.5 to 8in LPA No.931/2011) and appellants have become the employees of Tata CommunicationsLtd. Tata CommunicationsLtd. is admittedly a private sector company registeredunder the Indian CompaniesAct. There is no control of any kind thereover of Govermnent or any governmental authorities. The appellantsare aggrievedfrom the performanceratingsgiven to them, after such disinvestment.To addressthis grievance,the appellants filedwritpetitionsunderArticle226 ofthe ConstitutionofIndiain thisCourt whichhave been dismissedby the learnedSingleJudge vide decisiondated

29.08.2011holding that the Tata CommunicationsLtd. is not an authority under Article 12 of the Constitutionof India and writ petitionsthereagainst do not lie. Adetailedjudgmentin this regardis renderedaftertakingnote of variousjudgmentsofthe SupremeCourt. We are in agreementwiththe view takenby the learnedSingleJudge.

¶2It is a service dispute which is raised by the Appellantsagainsttheir employerand such a disputeis now govemedby the contractualconditions with no trace of any public element. It would be open to the appellantsto raise the dispute by filing a suit. Withthe aforesaidobsei-vations,the appealsare dismissed. ACTING CHIEF JUSTICE RAJIV SAHAI ENDLAW, J NOVEMBER 15, 2011 'gsr'

29&30$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + . LPA930/2011&CMNo.20513/2011(forstay) POORANCHAND Appellant Thiough: Dr. K.S. Chauhanwith Mr. Tej Singh Varan, Mr. Ajit Kuinai- Ekka & Mr. Chand Kiran, Advs. Versus UNIONOF INDIA&ORS Respondents Thi'ough; Mr. RavinderAgarwal,Adv. forUOI. Mr. Rishi Agrawala & Mr. Akshay Ringe,Advs. ForR-2 toR-6. AND + LPA931/2011& CMNo.20514/2011(forstay) M.P. SINGH&ORS Appellants Through: Dr. K.S. Chauhanwith Mi". Tej Singh Varun, Mr. Ajit Kumar Ekka & Mi". Chand Kiran, Advs. Versus UNIONOF INDIA&ORS Respondents Through: Mr. RavinderAgarwal,Adv. for UOI. Mr. Rishi Agrawala & Mr. Akshay Ringe, Advs. For R-5 to R-8. CORAM: HON'BLE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW