A.K. ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE prayer in this writ petition filed by a citizen is for the issue of a direction to the respondents not to close the Project & Development India Limited at Sindri in the State of Jharkhand. There is also a prayer for the issue of a direction to the respondents to save and project the Research and Development Division of the Project & Development India Limited. It is seen that the matter is pending before the Board, for Industrial & Financial Reconstruction (BIFR)/Moreover, it is also seen, as stated in paragraph 41 of the counter affidavit that in national interest, the Company has been revived after pruning the manpower to the optimum level. The counter affidavit also gives a picture of whatever has been done to save the company.

(2.) IN such matter the jurisdiction of the Court even in a public interest litigation is limited. This is clear from the decision in Balco Employees Union (Regd.) v. Union of India . It is, therefore, not possible to enter into the arena as to the process by which the company can be saved or restructured. It is policy decision to be taken based on relevant matters.

(3.) IN this situation, we are not satisfied that we would be justified in interfering in this public interest litigation. We therefore dismiss the same, but we make it clear that if the petitioner has the locus standi to put forward his contentions before the Board for Industrial & Financial Reconstruction (BIFR), this dismissal will not stand in the way of his doing so.