FERTILIZER CORPORATION KAMGAR UNION (REGD.), SINDRI AND OTHERS versus UNION OF INDIA AND OTHERS

FERTILIZER CORPORATION KAMGAR UNION (REGD.), SINDRI AND OTHERS versus UNION OF INDIA AND OTHERS

Petitioners' fundamental rights under Article 19(1)(g) and Article 14 are not violated by the sale of the plants and equipment, as their right to occupation is not the same as the right to a particular job under a contract of employment. The sale was not found to be arbitrary, unreasonable, or mala fide. The sale process and the limitation to certain tenderers were not unfair or unjust. Workers can pursue remedies under industrial laws if retrenchment occurs.

Parties
Petitioner: Fertilizer Corporation Kamgar Union (Regd.), Sindri and Others; Respondent: Union of India; Respondent: Fertilizer Corporation of India; Respondent: Sindri Fertilizer Factory; Respondent: Ganpatrai Agarwal
Jurisdiction
India
Judgment Date
13 November 1980
Procedural Posture
Writ Petition / Final Disposition
Outcome
Petition dismissed
Legal Topics
Fundamental Rights, Right to Occupation, Locus Standi, Sale of Public Property, Public Interest Litigation, Judicial Review, Industrial Employment, Fairness in Administration
Constitutional Law Labour Law Corporate Law Administrative Law Fundamental Rights Right to Occupation Locus Standi Sale of Public Property +4 more

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Parties

Fertilizer Corporation Kamgar Union (Regd.), Sindri and Others

Petitioner

Union of India

Respondent

Fertilizer Corporation of India

Respondent

Sindri Fertilizer Factory

Respondent

Ganpatrai Agarwal

Respondent

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether the sale of redundant/retired plants and equipment at Sindri Fertilizer Factory violated the fundamental rights of workers under Article 19(1)(g) and Article 14 of the Constitution
  2. 2 Whether workers have locus standi to challenge the sale of public property by public sector management
  3. 3 Whether the sale was arbitrary or mala fide and resulted in loss to the public exchequer

Ratio Decidendi

Petitioners' fundamental rights under Article 19(1)(g) and Article 14 are not violated by the sale of the plants and equipment, as their right to occupation is not the same as the right to a particular job under a contract of employment. The sale was not found to be arbitrary, unreasonable, or mala fide. The sale process and the limitation to certain tenderers were not unfair or unjust. Workers can pursue remedies under industrial laws if retrenchment occurs.

Court Disposition

Petition dismissed

Orders

  • No relief granted to petitioners
  • Sale of public property upheld