KHETRI TAMBA SHRAMIK SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks to challenge & notification dated March 27, 1976 issued by the Hindustan Copper Ltd. relating to payment of Dearness Allowance. Although the Union of India has been added as a party to the writ petition, but no relief has been claimed against the same and the only relief claimed in the writ petition pertains to the respondents Nos. 2 and 3, namely Hindusthan Copper and its Chief Personnel Manager.

(2.) A preliminary objection has been raised by Mr. Bhargava on behalf of the respondents Nos. 2 and 3 that Hindusthan Copper is a Company incorporated under the Companies Act, 1956 and that no writ of mandamus could be issued to the aforesaid Company or its officers in a petition under Article 226 of the Constitution, as the said Company does not perform any public or statutory duty. Learned counsel for the petitioner on the other hand, contested this submission and argued that Hindustan Copper, although incorporated as a Company under the Companies Act, 1956, has been vested with some trappings of the sovereign power by virtue of the provisions of the Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (hereinafter referred to as "the 1972 Act" ). It has also been pointed out by learned counsel for the petitioner that the Company is not an ordinary Company but it is a Government Company, the shares of which are 100% owned by the Government of India and that the Government of India also exercises considerable powers of control over the management of the company and that the jurisdiction of the Auditor General of India has also been extended to the Compiny's Accounts by the provisions of Sec. 619 of the Companies Act.

(3.) THE writ petition is consequently dismissed. THE parties are left to bear their own costs. .