HINDUSTAN AERONAUTICS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Diptiman Singh, learned counsel for the petitioner. None appears on behalf of the respondent no.3. Notice on behalf of respondents no.1 & 2 has been accepted by office of learned A.S.G.I.

(2.) By means of this writ petition, the petitioner has assailed the order dtd. 8/2/2022 as published on 21/2/2022 passed by the respondent no.2 in ID Case No.19 of 2013 and the reference order dtd. 5/3/2013 made by respondent no.1.

(3.) Brief facts of the case are that the petitioner- Hindustan Aeronautics Limited is a Central Government undertaking, under the Ministry of Defence, company incorporated under the provisions of Indian Companies Act, engaged in manufacture, repair and overhauling of sophisticated Aircrafts and other defence equipments and services and caters to the Defence Services of India, which is controlled by and works under the Ministry of Defence. The President of India being the Supreme Commander of the Armed Forces, as declared under Article 53 of the Constitution of India, is having 75.15 shares of the company in its hand or under its control and rest 5 shares are being held by Director are Senior Officer of Ministry of Defence, Government of India, under direct control of the President of India. The petitioner company has several Divisions/Units all over the country. The present petition relates to the Transport Aircraft Division, HAL, Kanpur, which deals with the manufacturing/maintaining/overhauling/repairing of Transport Aircraft used by defence forces of the nation.