Ferro Scrap Workers Union Vs Union of India

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1

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2025:CGHC:45026

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 3396 of 2025

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Ferro Scrap Workers Union Through Its President Arun Kumar Sisodiya S/o Jai Narayan Singh, Aged 55 Year, Office At Ferro Scrap Workers Union, Infront Of Sbi Atm, Ward No. 11, Supela Bhilai District Durg (C.G.)

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... Petitioner(s)

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versus

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1 - Union Of India Through Secretoary, Ministry Of Labour And Employment, Shram Bhawan New Delhi

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2 - Joint Labour Commissioner (Central) Office At D/6, Adarsh Society, Sector No. 1 Avanti Vihar Raipur (C.G.)

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3 - Chairman Cum Managing Director Fsnl Ltd Equipment Chowk Bhilai District Durg.

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... Respondent(s)

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For Petitioner : Mr. Anurag Jha, Advocate. For Respondent-UOI : Mr. Ramakant Mishra, Dy. SG. For Respondent No.3 : Mr. B. Gopa Kumar, Advocate.

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Hon'ble Shri Arvind Kumar Verma, Judge

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Order on Board

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03.09.2025

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1. With the consent of the parties, matter is heard on the point of

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maintainability of this writ petition.

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2

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2. This writ petition has been preferred under Article 226 of the

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Constitution of India seeking following reliefs:

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“ RELIEF(S) SOUGHT:

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10.1. That, this Hon'ble court may kindly be pleased to issue a writ of mandamus directing the respondents no.2 to Conduct the election at the earliest.

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10.2 That the Hon'ble Court may kindly be pleased to make an order/orders, writ/writs direction/ directions respondents no.2 to conduct the election process from the point of the last election process and also ensure that there is no delay or postpone of the electoral process.

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10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favor of the petitioner together with cost of the petition.”

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3. Learned counsel for respondent No.3 contended that this writ petition is not maintainable as pursuant to decision taken by the Government of India, 100% of Ferro Scrap Nigam Limited held through M/s. MSTC has been disinvested and upon signing of Share Purchase Agreement with M/s. Konoike Transports Co. Ltd., (Japan based a multinational company) has taken over the management control of Ferro Scrap Nigam Limited. Consequent upon of the change in management control the name respondentcompany has been changed as ‘FSNL Private Limited’ by the Assistant Registrar of Company/Deputy Registrar of Company/Registrar of Company Central Processing Centre,

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3

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Ministry of Corporate Affairs, Government of India.

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4. Learned counsel appearing for the petitioner contended that instant petition is maintainable under Article 226 of the Constitution of India as the petition has been filed against the notification dated 09/12/2024 (Annexure P/1) issued by respondent No.2 in violation of the Article 243-0 of the Constitution of India, whereby the Election Process cannot be stopped nor be postponed, however, unfortunately the respondent-authority have not only stopped the election process but also have not taken any step even after lapse of 06 months; the reason of postponement of the election of the workers union is unreveled and best known to the authority concerned. Learned Counsel further contended that on 01/11/2024, election process was started by respondent no.2 and on 12/11/2024 petitioner has deposited his nomination form, however, on 09/12/2024, election was postponed without assigning any reason and till date election process has not been initiated/started. Hence, petitioner has came-up before this Court with aforesaid prayer.

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5. Learned counsel for the respondent/UOI contended that petitioner may file an application/representation for conducting an election before before respondent No.2, if so desire.

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6. Heard learned counsel for the parties and perused the material available on record.

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4

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7. Perusal of the document/incorporation certificate annexed as Annexure R-3/1 alongwith reply of respondent No.3 would show that said document has been issued by the Central Government in which, it is specifically mentioned that ‘Corporate Identification Number (CIN): U27102CT1979FTC005468, I hereby certify that the name of the the company has been changed from ‘FERRO SCRAP NIGAM PRIVATE LIMITED’ to ‘FSNL PRIVATE LIMITED’ with effect from the date of this certificate and that the company is Company limited by shares. Company was originally incorporated with the name FERRO SCRAP NIGAM LIMITED. Given under my hand at ROC, CPC this TWENTY NINETH day of APRIL TWO THOUSAND TWENTY FIVE, Date 29.04.2025.”

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8. In view of above, it is crystal clear that pursuant to decision taken by the Government of India, 100% of Ferro Scrap Nigam Limited held through M/s. MSTC has been disinvested and upon signing of Share Purchase Agreement with M/s. Konoike Transports Co. Ltd.

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9. For ready reference, relevant part of the Article 12 of the Constitution of India reads as under:

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“12 . Definition -- In this part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

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5

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10. In view of above, it is clear that the respondent-company is a private company in which the government has no administrative control, therefore, the company is not state within the meaning of Article 12 of the Constitution of India, hence, no writ of mandamus issued against the private respondents. As such, present writ petition is not maintainable under Article 226 of the Constitution of India.

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11. Accordingly, writ petition is hereby dismissed as not maintainable. However, petitioner will be at liberty to file an application/representation for conducting an election before respondent No.2 and on making such representation, respondent No.2 shall consider and decide the same expeditiously in accordance with law/rules/regulation.

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CC as per rules.

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Sd/- (Arvind Kumar Verma) Judge

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J/-

Ferro Scrap Workers Union v. Union of India

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Ferro Scrap Workers Union v. Union of India

Case brief

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