FEDERATION OF TATA COMMUNICATIONS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a federation of employees who were originally employees of Government of India, working in the Overseas Communication Services (OCS)under the Ministry of Telecommunications, Government of India. On 01. 04. 1986, when OCS was converted into VSNL as a 100% owned Public Sector Undertaking (PSU), the members of the petitioner federation were transferred to VSNL on deputation and later on were absorbed as employees of VSNL. The disinvestment of VSNL took place and it was privatized w. e. f. 13. 02. 2002. The management and control of VSNL was taken over by M/s Panatone Finvest Limited (Respondent no. 3 herein), a company owned by Tata Group of companies. As a consequence of privatization of VSNL w. e. f. 13. 02. 2002, the government of India ceased to have control and management over the affairs of respondent No. 2. However, the Government of India, even after privatization, continued to hold 26% shareholding in VSNL. In 2007, the name of VSNL was changed to M/s. Tata Communications Ltd. (Respondent no. 2 herein ). Pre-privatization, employees of the petitioner federation were the employees of respondent No. 2, control of which vested with respondent No. 3.

(2.) THE petitioner has filed this writ petition seeking to enforce the Office memorandum dated 18. 07. 1989 issued by the Government of India and the Office memorandum dated 11. 12. 1989 issued by the VSNL with regard to the service conditions insofar as it relates to dismissal/removal of employees (members of the petitioner federation) from respondent No. 2 organization. The prayer made by the petitioner in this writ petition is extracted below:

(3.) THE grievance of the petitioner in this writ petition is that they apprehend termination of the service of their members by respondents No. 2 and 3 without adhering to the procedure set forth in OM dated 11. 12. 1989/18. 07. 1989 referred above. When this writ petition came up for admission hearing, this Court vide its order dated 17. 12. 2008 directed the petitioner to file list of its members within three days and also directed respondents No. 2 and 3 to maintain status-quo in relation to employment of the members of the petitioner federation till the next date of hearing.