( 1 ) THE facts necessary for the appreciation of the questions raised by the petitioners could be narrated in the following terms:

THE petitioners, who are 24 in number in CW. 585/88 and 7 in number in CW. 1692/88, were appointed in Public Enterprises Services Association (PESA ). The details of the designation and the date of joining of the petitioners are as under:-

( 2 ) ACCORDING to the petitioners, the following six persons left their jobs which they were holding before joining PESA. The details of the previous employment of those six persons are as under:-

( 3 ) ON the 3rd of July 1987, the resolution was passed in the Special General Body Meeting of PESA to dissolve PESA and transfer all assets and liabilities to SCOPE. The Resolution No. 1 reads as under:-

"the General Body of PESA do and hereby resolve that, subject to Government approval, PESA be dissolved and all its assets and liabilities at book value and the existing contracts/arrangements be transferred to SCOPE and the entire organisational set up including the books of accounts, documents, records and employees be placed at the disposal of and under the control of SCOPE. "

( 4 ) ON the 1st of August, 1987 in the 65th Executive Board Meeting of the SCOPE, it was Decided:

"it was noted by the Board that the General Body of PESA decided to dissolve the organisation and handover the assets and liabilities of the management to SCOPE. The Executive Board decided to take over the management, assets and liablities of the erstwhile PESA with the immediate effect. The Secretary General was authorised to take over the management. It was, however. decided that a Committee presided over by Prof. N. K. Singh, with Mr. S. N. Jain, Mr. U. S. Awasthi, Mr. S. K. Sharma may examine the future management set-up of the Project. The Committee was fully authorised to take such steps as may be deemed necessary to establish an appropriate system of management of the Project. It was also suggested that committee may consider selection of one of the public enterprises to take up the project on a turn-key basis. "

( 5 ) ON the 25th of August, 1987, the SCOPE wrote to Mr. C. N. Garg, Chairman and Managing Director of Cement Corporation of India, who is the person who is to implement the decision, in the following terms:-

"please Find enclosed herewith an extract of the minutes of the meeting of Executive Board of SCOPE held on 1. 1. 87. According to the resolution passed, SCOPE has. accepted to assume the management, assets and liablities of PESA now dissolved under the resolution passed by General Body of PESA on3. 7. 87. Thisassumptionofmanagementby SCOPE is subject to the approval of Government.

SCOPE is considering in consultation with BPE the future system of the project. The moment decision is taken, an appropriate mechanism will be set up.

THE personnel in the secretariat of erstwhile PESA, its bank account, and all other assets and liabilities would get transferred on the date the Government approval is obtained. In the meantime, the process of handing over the charge may kindly be completed at the earliest possible. "

( 6 ) ON the 26th of August, 1987, the Bureau of Public Enterprises, Minister of Industry, Government of India, wrote to Mr. C. N. Garg, Chairman, Managing Committee, PESA in the following terms:

"please refer to your letter No. Panda/242/sgm 5023 dated the 10th August, 1987, on the subject mentioned above. I am directed to convey herewith the approval of the Government to the Resolution passed in the Special General Body meeting of the PESA on 3rd July, 1987 (Resolution No. 1) regarding dissolution of PESA and handing over of its assets and liablities etc. to Standing Conference of Public Enterprises (SCOPE ). "thus, the approval of the Government of India for the taking over of the assets and liabilities of PESA by SCOPE had been granted.

( 7 ) ON the 14th of September, 1987, handing over of the assets and liablities is recorded and the same is as under: