P. PALIWAL Vs. HINDUSTAN ZINC LIMITED

JUDGEMENT

(1.) Hindustan Zinc Limited is a Company registered under the Companies Act , 1956. Its shares were held by the Government of India. Considering the control of the Government of India over the Company and holding that the control was deep and pervasive; considering other factors relevant to determine the character of the Company as an "other authority" within the meaning of Article 12 of the Constitution of India, vide decision dated May 27, 2010 a Full Bench of this Court held that the Company was amenable to the writ jurisdiction of this Court. The Full Bench expressly noted that since the pleadings pertaining to dis-investment of the Company in the year 2002 were not before it, it was deciding the question referred to it regarding the character of the Company as it was incorporated.

(2.) The said decision of the Full Bench was not interdicted with by the Supreme Court, when on 19.1.2016 SLP(C) No(s).24571- 24576/2010 was dismissed but with a clarification that the issue of the status of the Company post dis-investment and its effect would be decided by this Court.

(3.) Accordingly we have heard arguments on the continuing maintainability of the writ petitions against Hindustan Zinc Limited.