Prior clearance for PSU appeals was mandatory before Tribunal proceedings could continue in pending matters

Pending appeals by or against public sector undertakings as on 11-10-1991 could not be proceeded with before the Tribunal unless the concerned party obtained and placed on record the required clearance from the Committee of Secretaries. The Tribunal applied the Supreme Court's clarification that matters involving the Union of India or public sector undertakings were to be referred to the High Power Committee, and that filing could be made to preserve limitation but prior clearance should be pursued. On that basis, continuation of the appeals was treated as conditional on compliance with the clearance requirement.

---

---

Issues: Whether appeals filed by or against public sector undertakings prior to 11-10-1991 could be proceeded with in the Tribunal without clearance from the Committee of Secretaries.

Analysis: The Tribunal followed the Supreme Court's clarification that pending matters involving the Union of India or public sector undertakings were to be referred to the High Power Committee, and that filing could be made to save limitation but every endeavour should be made to obtain prior clearance. On that basis, the Tribunal held that pending appeals before it could not be proceeded with unless the concerned party obtained and placed on record the required clearance.

Conclusion: The appeals could not proceed without clearance from the Committee of Secretaries, and the requirement applied to appeals by or against public sector undertakings pending as on 11-10-1991.

Final Conclusion: The ruling affirmed the mandatory nature of prior clearance for continuation of such pending appeals before the Tribunal.

---