GANESH CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) UTTAR Pradesh Van Vikas Nigam Limited is one of the Government Companies mentioned in IX Schedule to the UTTAR Pradesh Reorganisation Act, 2000. All the Government companies mentioned in the said schedule were required to be dealt with in terms of the provisions contained in Section 66 of the Act. In terms of Section 66 of the Act, it was open to the State of UTTAR Pradesh and the State of UTTARakhand to agree to do things pertaining to the said company. It appears that respondent no. 7, who was an employee of the said company was agreed to be parted by the State of UTTAR Pradesh to the State of UTTARakhand along with 8 other employees of the said company. The State of UTTARakhand, however, did not agree to take respondent no. 7. There was no agreement inter se the States pertaining to respondent nos. 8 and 9.

(2.) IT is not in dispute that as yet neither it has been agreed between the said two States nor there is any direction by the Central Government in terms of Section 66 of the Act to bifurcate the said company into two. At the same time, there is nothing on record from where it would be evident that any decision was taken to wind up the said company. Accordingly, it should be deemed in accordance with the mandate of Section 66 of the Act that the said company is still functioning.