M.Y. Eqbal, J. - (1.) HEARD the parties.
(2.) IN all these writ petitions, the petitioners have challenged the Memorandum of Understanding dated 5.2.2004, entered into between the Department of Fertilizer any Ministry of Home Affairs, whereby and whereunder the Department of Fertilizer, Government of India has agreed to hand over possession of the properties belonging to the Fertilizer Corporation of India Limited at its Sindri unit. Petitioners have also sought for a mandamus directing the respondent -Fertilizer Corporation of India to lease out the residential accommodation situated at Sindri unit of the Corporation. The short facts of the cases are that the petitioners were working in the Fertilizer Corporation of India Limited as its Sindri unit (in short the F.C.I). Due to financial crunch, winding up process of the unit was initiated and a decision was taken for the transfer of assets of different unit of the F.C.I. under Sick Industrial Companies ( Special Provisions) Act, 1985.
(3.) PETITIONER case is that pursuant to the said decision, the F.C.I. filed an application before B.I.F.R. praying therein to permit them to transfer the infrastructural assets. Petitioners further case is that without seeking permission of the Company Court as contemplated under Section 537 of the Companies Act the F.C.I. entered into the Memorandum of Understanding (MOU) with the Ministry of Home Affairs.;