BRIDGE & ROOF COMPANY (INDIA) LIMITED EXECUTIVES ASSOCIATION & ANOTHER Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) By consent of the parties, both the appeal and the application for stay filed in connection therewith are taken up for hearing. Two writ petitions were filed before the learned Single Judge. In both the writ petitions, the subject-matter of challenge was the decision of the Central Government to go for 100% disinvestment in Bridge and Roof Company (India) Limited. The first writ petition was filed by the Workers' Union. Prayer for interim order was refused. Subsequently the second writ petition was filed by the Company's Executives' Association. The learned Judge noted that though there were two additional grounds in the second writ petition, yet, the same did not make the nature and character of that writ petition different from the earlier writ petition. Since interim order had been refused in the first writ petition, the learned Judge declined to pass any interim order on the second writ petition also. Direction for exchanging affidavits was given in both the writ petitions.

(2.) The writ petitioners have come up by way of two appeals against refusal of the learned Judge to pass interim order.

(3.) Learned counsel for the appellants submits that the decision of the Government to undertake disinvestment in the said Company is completely arbitrary. It is a profit making Company. Loss making companies have been given financial aid to overcome the crisis. There is no valid reason for deciding to disinvest in Bridge and Roof Company (India) Limited. Secondly, it is submitted that the economic policy for disinvestment that the Government has been formulated is also not been adhered to. Thirdly, it is submitted that the Administrative Ministry has been assigned an important role in the matter of disinvestment of the said Company, but the views of the said Ministry are not being considered.