HTL LTD Vs. HTL LIMITED

JUDGEMENT

(1.) HEARD Mr.R.Thiagarajan, learned Senior Counsel for the petitioner Mr.Sanjoy Mohan, learned counsel appearing for the first respondent and Ms.Kalpa Reddy, learned counsel appearing for respondents 2 and 3.

(2.) THE issue involved in this case relates to the communication of the first respondent-HTL Limited dated 19.12.2003, by which the first respondent rejected the claim of ex gratia payment under voluntary retirement scheme propounded by the first respondent in 1998-1999, on the ground that the company was under the impression that the Government of India would provide monetary assistance for the voluntary retirement scheme.

(3.) WHEN the first respondent against whom the relief is claimed has ceased to be a Government of India undertaking, no writ can be issued under Article 226 of the Constitution of India, since the first respondent does not continue to be the authority under the control of the Government of India as per Article 12 of the Constitution of India. Article 12 reads as follows:- "In this Part, unless the context otherwise requires, -the State- includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India."