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2021 Supreme(SC) 843

D.Y.CHANDRACHUD, B.V.NAGARATHNA
National Confederation of Officers Association of Central Public Sector Enterprises – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s):Prashant Bhushan, Pranav Sachdeva, Jatin Bhardwaj, Neha Rathi, Lakshmi Raman Singh, Advocates
For the Respondent(s):Gurmeet Singh Makker, Arvind Kumar Sharma, Prashanto Chandra Sen, P. S. Sudheer, Bharat Sood, Shruti Jose, Anuradha Dutt, Anish Kapur, Ekta Kapil, Nikhita Suri, Priyanka MP, B. Vijayalakshmi Menon, Manu Mridul, Surya Kant, Advocates

JUDGMENT :

Dhananjaya Y Chandrachud, J.

A Introduction

3

B Submissions of Counsel

9

C Res Judicata and PILs

22

D The decision in Centre for Public Litigation

29

E CBI’s preliminary enquiry

45

F Conclusion

61

A Introduction

1. An organization called the National Confederation of Officers Association1[“Confederation”] has invoked the jurisdiction of this Court under Article 32 of the Constitution. The Confederation, which is a trade union registered under the Trade Unions Act 1926, is joined in these proceedings by three other petitioners, including a former employee of Hindustan Zinc Limited2[“HZL”]. The members of the Confederation are, or have been, employees of public sector undertakings. Their grievance in these proceedings arises from the Union Government’s disinvestment of its shareholding in HZL, the fourth respondent. According to the petitioners, HZL is not a loss incurring unit and the disinvestment does not sub-serve public interest. Parliament acquired the undertaking by the Metal Corporation (Nationalisation and Miscellaneous) Pro

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