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