Research › Browse › Judgment

Supreme Court of India · body

2005 DIGILAW 643 (SC)

PRASAR BHARTI v. AMARJEET SINGH

2005-03-29

TARUN CHATTERJEE, Y.K.SABHARWAL

body2005
ORDER 1. The Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (Act 25 of 1990), though came into force on 15-9-1997 and the Prasar Bharti (Broadcasting Corporation of India) (for short "the Corporation") came to be established with effect from 21-11-1997 the uncertainty insofar as the employees of the Central Government who were working in Akashvani stations and Doordarshan kendras continues despite lapse of nearly eight years. Prima facie, this uncertainty has continued since appropriate steps were not undertaken either by the Central Government or by the Corporation. The Corporation has not framed requisite regulations. The option of the employees under the provisions of the Act has not been taken. In fact, that a occasion has not arisen even after eight years of operation of the Act on account of wholly ad hoc approach adopted in the implementation of the Act. At this stage, it is not necessary to specifically indicate as to who has contributed more to this state of affair resulting in two views being expressed by two High Courts in the country - one by the Madras High Court holding that the employees can be transferred and the other by the Punjab and Haryana High Court holding in favour of the employees that they cannot be transferred by the Corporation. The stand of the Corporation has been and is that the employees continue to be the employees of the Central Government. It is in the interest of neither the employees nor the Central Government nor the Corporation to continue the uncertainty for any further period of time. 2. Let the learned Solicitor General discuss the matter with the officers concerned of the Corporation and the Ministry of Information and Broadcasting so that the Act can be properly implemented and uncertainty comes to an end. We hope that the matter would be resolved expeditiously. 3. List these cases for directions in the last working week of May 2005. Court Masters