The Hindu : National : Implement Prasar Bharti Act, Centre told

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Friday, Apr 01, 2005

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Implement Prasar Bharti Act, Centre told

By Our Legal Correspondent

NEW DELHI, MARCH 31. The Supreme Court today criticised the Prasar Bharti for its ad hoc approach in implementing the Prasar Bharti Act though the Act which came into force in 1997, provided for giving opportunity to nearly 3,000 employees to exercise their option to remain with the Government or the Corporation.

A Bench of Justice Y.K. Sabarwal and Justice Tarun Chatterjee pointed out that the Act, passed in 1990, came into force into 1997. The uncertainty insofar as the employees of the Central Government who were working in Akashvani stations and Doordarshan Kendras continued despite lapse of eight years.

The Bench said ``prima facie this uncertainty has continued since appropriate steps were not undertaken either by the Central Government or by the Corporation, which has not framed requisite regulations. The option of the employees under the Act has not been taken. In fact, that occasion has not arisen even after eight years of operation of the Act on account of a wholly ad hoc approach adopted in the implementation of the Act.''

The Bench passed this order on a batch of special leave petitions filed by the Prasar Bharti and others challenging the orders of the Madras and Punjab and Haryana High Courts. While the Madras High Court held that the employees could be transferred, the Punjab and Haryana High Court held that the employees could not be transferred, as they gave no option.

The Solicitor-General, G.E. Vahanvati, appearing for Prasar Bharti, contended that the employees continued to be the employees of the Central Government.

However, on behalf of the employees, their counsel P.S. Narsimha submitted that neither the Central Government nor the Prasar Bharti had framed the requisite regulations for transferring them. Though the Act provided for exercising option by the employees whether to remain with the Government or Prasar Bharti, the said provisions had not been implemented so far, he said.

In the light of these submissions, the Bench said that it was in the interest of neither the employees nor the Central Government nor the Prasar Bharti to continue the uncertainty any further.

The Bench directed the Solicitor-General to discuss the matter with the Prasar Bharti and the Information and Broadcasting Ministry so that the Act could be properly implemented and the uncertainty came to an end.

The Bench directed listing of the appeals in the last working week of May for further directions.

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