Narendra Purohit vs Hindustan Zinc Limited
2022 Latest Caselaw 12455 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11624/2018

1. Narendra Purohit S/o Shri Laxmi Shanker Purohit, Aged About 54 Years, 10-Pratap Ji Badi Teachers Colony, Amba Mata Scheme Udaipur.

2. Anuj Lal S/o Shri Murari Lal,, Aged About 52 Years, 606, Rose Block, Managalam Residency, Navratan Complex, Bhuwana, Udaipur.

3. Sanjay Kothari S/o Late Shri Mohan Lal,, Aged About 53 Years, 4, Darshanpura Colony, Opposite M.b. College, Udaipur- Rajasthan 313002.

4. Mahendra Kumar Yadav S/o Shri Prakash Chandra Yadav,, Aged About 57 Years, Plot No. 47, Taru Chayya Nagar Tonk Road, Jaipur.

5. Yeluri Sri Venkata Yadav S/o Shri Y Mavulliah,, Aged About 56 Years, Ground Floor B. Siri Hills Apartments, Ram Nagar, Kailasmetta, Visakhapatnam- 530003.

6. Dinesh Chandra Yadav S/o Shri Madav Lal Yadav,, Aged About 56 Years, 309, Block Syamnagar Near Mahila Thana Udaipur 313024.

7. Susheel Kumar Dahire S/o Shri Laxmi Narayan Dahire,, Aged About 57 Years, D1-Zinc Smelter Debari, Udaipur- 313024.

8. Tapan Kumar Mallick S/o Shri Monmohan Mallick,, Aged About 56 Years, D 4, Zinc Smelter Colony, Debari Udaipur- 313024.

9. Sanjay Rajwat S/o Shri Late Shri Dwarkashish Rajawat,, Aged About 51 Years, 101/1 Ved Vyas Colony, Ratlam (M.p.).

10. Ajeet Kumar Singh S/o Shri Jitendra Singh,, Aged About 57 Years, D-2, Zinc Smelter Colony, Debari, Udaipur.

11. Jorawar Singh S/o Shri Asha Ram,, Aged About 55 Years, Vpo- Nawlari, Teh- Nawalgarh, Jhunjhunu (Raj.).

12. Amar Singh Gohil S/o Shri Bhanwar Gohil,, Aged About 56 Years, 23- Vasant Vihar, Nr Mali Colony, Tekari- Udaipur.

13. Pankaj Kumawat S/o Shri Hemraj Kumawat,, Aged About 55 Years, 5- Acharya Marg, Out Side Chand Pole, Udaipur

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Raj.

14. Sanjay Gupta S/o Shri Hemraj Kumawat,, Aged About 55 Years, 202, Arpan Apartment Hiran Magri, Sector 11, Udaipur.

15. Suresh Chandra Heda S/o Late Shri Badri Lal Heda,, Aged About 53 Years, 30, Jawahar Nagar, Near Nagar Palika Colony, Chittorgarh- 312001.

16. Dayalu Ram Kosme S/o Late Shri Guha Ram Kosme,, Aged About 53 Years, Cf-19, Zinc Colony, Chittorgarh.

17. Rajendra Paliwal S/o Shri Ganpat Lal Paliwal,, Aged About 53 Years, 1009 Hitawala Tower, Near Celebration Mall- Udaipur (Rajasthan).

18. Gopal Singh Rathore S/o Late Shri Mohasingh Rathore,, Aged About 51 Years, 173/12, Ashok Opposite Maya Misthan Bhandar Udaipur.

19. Vinayaka Rao Gvvsn S/o Shri Veeranna Chetty G,, Aged About 55 Years, 49-38-1/16, T-1 Nggos Colony, Akkayyapalem, Visakhapatnam- 530016.

20. Chitradurga Subbarao Venkatesh Prasad S/o Late Shri Cr Subbarao,, Aged About 55 Years, C-28, Hzl Colony, Zinc Smelter Post, Debari, Udaipur- 313 024.

21. Ram Sagar Dubey S/o Shri Kashee Prasad Dubey,, Aged About 52 Years, Village- Jasa Baghaura, Po- Kalana, Dist- Mirzapur (Up)- 231303.

22. K. Tamil Selvan S/o Kanda Samy,, Aged About 56 Years, 4/83/5 Sowdeswari Nagar, Periamanali (P.o.) Jedarpalaugam, Vaiyappamali (Via), District Namakkal, Tamilnadu.

23. Bk Sharma S/o Shri Dina Nath Sharma,, Aged About 56 Years, R-13/51 Raj Nagar, Ghaziabad (Up)- 201001.

24. Suresh Chandra Sharma S/o Shri Gauri Shanker Sharma,, Aged About 54 Years, 4/541, Saveena, Sector 14, Udaipur.

25. Hari Charan Dhakar S/o Shri Pratap Singh Dhakar,, Aged About 51 Years, Village Gothera, Po Lakhanpur, Tehsil Weir, District Bharatpur.

----Petitioners Versus

1. Hindustan Zinc Limited, Registered Office At Yashad

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Bhawan, Udaipur, Through Its Chief Executive Officer.

2. Chief Executive Officer, Hindustan Zinc Limited, Udaipur.

3. Senior Vice President (Human Resource), Hinustan Zinc Ltd. Udaipur.

4. The Union Of India Through The Secretary, Ministry Of Mines Govt. Of India New Delhi.

----Respondents

For Petitioner(s) : Mr. Pramod Panwar for Mr. Rajvendra Sarswat For Respondent(s) : Dr. Sachin Acharya, Sr. Advocate with Mr. Manvendra Singh Mr. Karan Parihar

HON'BLE MS. JUSTICE REKHA BORANA

Order

18/10/2022

The present petition has been filed with the relief for

reinstatement and for declaration of the impugned order to be

illegal and contrary to the share holders agreement. Admittedly,

the present petition has been filed by the workmen of Hindustan

Zinc Limited.

In the judgment passed by the Hon'ble Apex Court in the

case of P. Paliwal Etc. Vs. Hindustan Zinc Limited & Ors. Etc.

[Special Leave to Appeal (C) No(s).12354-12357/2018]

whereby the Division Bench judgment of this Court in the case of

P. Paliwal Vs. Hindustan Zinc Limited & Ors. : D.B. Civil Writ

Petition No.236/1984 has been affirmed, it has specifically

been held that Hindustan Zinc Limited has lost its character of

being a state on account of privatization and therefore, the writ

petitions against Hindustan Zinc Limited would now not be

maintainable.

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In view of the judgment as passed in P. Paliwal's case

(supra), the present petition is also dismissed. However, as

observed by the Division Bench of this Court, it would be open for

writ petitioners to avail the remedy available to them as per law

and for the purposes of limitation, the time spent in this Court till

the date of the present decision would be excluded while

computing limitation.

All the pending applications stand disposed of.

(REKHA BORANA),J 48-Abhishek/-

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