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HIGH COURT OF DELHI
W.P.(C) No. 12451/2009 May 06, 2013 RAM NAYAK TIWARI ......Petitioner
Through: Mr. Girish Pandey, Advocate.
Through: Mr. Arnav Kumar, Advocate.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. In this writ petition, the petitioner effectively seeks pay scale of IDA w.e.f 1.1.2007. The petitioner is an employee of respondent No.2/Tata Communications Ltd./Videsh Sanchar Nigam Ltd.
2. Respondent No.2 has filed its counter-affidavit annexing therewith various judgments which have been passed by different Single Judges of this Court holding that the respondent No.2 is not a State and hence a writ petition does not lie against respondent No.2. One such 2013:DHC:2311 WPC 12451/2009 judgment holding that respondent No.2 is not a State is the judgment dated 27.10.2004 in W.P.(C) No.4343/2003 titled as Federation of Videsh Sanchar Nigam Employees Union & Ors. Vs. Union of India and Ors. Another judgment is a batch of cases with lead case being M.P. Singh and Ors. Vs. Videsh Sanchar Nigam Ltd. and Ors. W.P.(C) No.3335-37/2005 decided on 29.8.2011. The appeal against the judgment of learned Single Judge dated 29.8.2011 was dismissed in L.P.A. No.924/2011 on 14.11.2011, and which holds that employees of respondent No.2 cannot approach this Court under Article 226 of the Constitution of India as there is no governmental control or control of any other governmental authority on the respondent No.2 which was not a State as per Article 12 of the Constitution of India.
3. I am bound by the aforesaid judgments and therefore the writ petition is dismissed as not maintainable with liberty to the petitioner to approach an appropriate Court/forum for redressal of his grievances. MAY 06, 2013 VALMIKI J. MEHTA, J. Ne