LAWS(DLH)-2023-1-353

CAPTAIN G. RAGHAVENDRA REDDY Vs. AIR INDIA LIMITED

Decided On January 16, 2023
Captain G. Raghavendra Reddy Appellant
V/S
AIR INDIA LIMITED Respondents

JUDGEMENT

(1.) Present writ petition has been filed by the Petitioner seeking the following reliefs:-

(2.) At the outset, learned counsel appearing on behalf of Respondent raises an objection to the maintainability of the writ petition on account of a development during the pendency of the writ petition. It is submitted that as a result of the disinvestment process, initiated by the Government of India, Air India Ltd. (AIL) has ceased to be a public body and therefore, no writ can lie against Respondent in the present circumstances. It is submitted that the entire shareholding of the Government of India now stands transferred to M/s. Talace India Pvt. Ltd., a wholly owned subsidiary of M/s. TATA Sons Pvt. Ltd. and therefore, jurisdiction of this Court under Article 226 of the Constitution can no longer be invoked by the Petitioner. Reliance is placed on recent judgments of this Court in W.P.(C) 7908/2015 titled Satya Sagar v. Air India (AIESL) and Naresh Kumar Beri v. Union of India, 2022 SCC OnLine Del 3585 as well as judgment of the High Court of Bombay in R.S. Madireddy v. Union of India, 2022 SCC OnLine Bom 2657, wherein the writ petitions have been dismissed as not maintainable on account of the disinvestment of Respondent.

(3.) In view of the aforesaid, learned counsel for the Petitioner seeks liberty to approach the Appropriate Forum to ventilate his grievances and also prays that the period for which the writ petition has remained pending in this Court, be excluded for the purpose of computing limitation, as and when the Petitioner approaches the Appropriate Forum and the question of limitation arises.