- (1.) LAW Courts would be loath to interfere in regard to the discharge of managerial function as otherwise there would have to be a constant superintendence by the courts over the affairs of the Companies or Corporations or any other governmental agency. The expression "managerial Prerogative" is no" a meaningless jargon but has a definite connotation in English Language. This is not, however, to be taken as such that managerial. prerogative ought not to be interfered with under any circumstances. If such managerial prerogative is used in a manner contrary to law or arbitrary in nature, it would be definitely within the jurisdiction of the Law Courts to interfere and set right the wrong. To remedy the wrong is a plain exercise of judicial power and there ought not to be any hesitation in that regard.
(2.) IN this petition the petitioners have prayed for issuance of a writ of mandamus commanding the respondent to revoke or cancel or withdraw the agreement dated November 29, 1985 between the All India coordination Committee of SAIL Employees Unions (AICC) and the Steel authority of India as also for revocation of the order of transfer and redeployment dated 17th of December 1986 and 29th December 1986 where under the petitioners were deployed to another unit of Steel Authority of India Ltd. Before, however, proceeding further in the matter, a brief reference to facts ought to be made at this juncture.
(3.) ON and since 24th January, 1973, the Central Government reconstituted the organisational set up of all the Public Sector Steel Plants by reason where for a holding company viz. Steel Authority of India Ltd. was incorporated as Government Company in place of Hindustan Steel Ltd. and it became the successor-in-interest of Hindustan Steel Ltd. Steel authority of India is a Government Company in which 100% shares are held by the Central Government. In 1974 another Government Company by the name of SAIL International Ltd. was formed for exclusively dealing with export and import connected with the Steel Industry and in particular the Public Sector Steel Plants. The non-executive posts of the SAIL International Ltd. were manned by copters from the Central Sales Organisation and also by direct recruits. A few employees of the Centra Transport and Shipping Organisations were, however directed to work in the Government company and they continued to draw their pay and allowances from the city S. C. at Calcutta.;