Case Note & Summary
The dispute arose from the employment status of individuals working for Prasar Bharati, which was established under the Prasar Bharati (Broadcasting Corporation of India) Act, 1990. The Act came into force on 15.09.1997, and the Corporation was established on 23.11.1997. Employees from Akashvani and Doordarshan were transferred to the Corporation, but no formal orders were issued regarding their transfer, leading to uncertainty about their employment status. The Central Administrative Tribunal quashed the orders of transfer, leading to an appeal by Prasar Bharati. The Supreme Court noted the conflicting views of different High Courts regarding the transfer of employees and highlighted the need for the Union of India to take decisive action regarding the employment status of these individuals. The court found that the employees had been functioning under the Corporation's control for an extended period, which implied a de facto transfer of their services. The court directed the Union of India to make a firm decision regarding the employees' status within six months, emphasizing that the uncertainty could not continue indefinitely. The appeal was allowed, and the previous judgments were set aside, but no costs were awarded.
Headnote
A) Employment Law - Transfer of Employees - Authority of Corporation to Transfer Employees - Prasar Bharati (Broadcasting Corporation of India) Act, 1990, Section 11 - The court examined whether the Corporation could transfer employees who were still technically employees of the Central Government. It held that the employees were under the functional control of the Corporation and thus the Corporation had the power to transfer them, despite the lack of formal orders of transfer from the Central Government (Paras 1-6).
Issue of Consideration
Whether the Corporation has the power to transfer employees who are still considered employees of the Central Government.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgments, and directed the Union of India to take a firm decision regarding the employment status of the respondents under Section 11 of the Prasar Bharati Act within six months. The court emphasized the need to resolve the uncertainty surrounding the employees' status.
Law Points
- Transfer of employees
- powers of transfer
- statutory functions
- employment status
- control of employees
