Latest revision as of 15:15, 16 December 2024

[edit] Appointment of arbitrators

[edit] Unilateral appointment is violative of Article 14 of Constitution

Nov 9, 2024: The Times of India

New Delhi : In an important ruling on arbitration proceedings involving public sector undertakings, Supreme Court ruled that PSUs cannot unilaterally appoint a sole arbitrator to decide disputes with contractors nor can they ask opposite sides to choose from a curated panel of arbitrators.


A five-judge bench comprising CJI D Y Chandrachud, and Justices Hrishikesh Roy, PS Narasimha, J B Pardiwala and Manoj Misra said, “The principle of equal treatment of parties applies at all stages of arbitration proceedings, including the stage of appointment of arbitrators.”


Writing the majority opinion, the CJI said, “A clause that allows one party to unilaterally appoint a sole arbitrator gives rise to justifiable doubts as to the independence and impartiality of the arbitrator. Further, such a unilateral clause is ex- clusive and hinders equal participation of the other party in the appointment process of arbitrators.”


Referring to contracts/ agreements between PSUs and others providing for appointment of sole arbitrator by the concerned PSU or mandating other party to choose from a curated panel of arbitrators, the bench said, “The Arbitration Act does not prohibit PSUs from empanelling potential arbitrators. However, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.”


“Unilateral appointment clauses in public-private contracts are violative of Article 14 of the Constitution,” the CJI said while making the judgement apply prospectively.


Justices Roy and Narasimha wrote separate opinions while concurring with the core findings in the CJI’s opinion. As the bench concluded the pronouncement, solicitor general in lighter vein said Justice Roy must not discontinue the tradition of saying the last word.


Justice Roy, referring to a book, said “Judges cook judgments. As in a cooked dish, there are sweet, sour and chilly hot tastes, my judgment is also sweet, sour and hot — agreeing with portions of the views of the CJI and Justice Narasimha.” SG pitched in and said the bitter taste is missing. Justice Roy said on the last day of the CJI on the bench, he would not like to bring in bitter taste. Praising the CJI’s intellectual ability and hardworking nature, Justice Roy said he would receive sweets wherever he goes, within and outside India for his knowledge and ability.


Justice Narasimha said the CJI has extraordinary ability to listen to arguments, views and has mastered the art of remaining calm in all situations.

[edit] Employment provided

[edit] 2013 – 22

Atul Thakur, June 16, 2023: The Times of India

Employees of central public sector enterprises, as in 2013 – 22
From: Atul Thakur, June 16, 2023: The Times of India

Over the past decade, employment in Central public sector enterprises (CPSEs) has seen a double whammy of job reduction on the one hand and increasing contractualisation of employment on the other.


These trends emerge from an analysis of Public Enterprises Survey reports from 2012-13 to 2021-22. The survey that covers CPSEs, certain statutory corporations and subsidiaries of these companies where more than 50% of the equity is held by the central government, shows that from 17. 3 lakh employees in March 2013, the figure has reduced to 14. 6 lakh for March 2022. The present round of surveys covers 389 CPSEs, of which 248 are operational.


Apart from the reduction in total employment by over 2. 7 lakh, there has been a significant change in the type of employment. In March 2013, of the total 1. 7 lakh employees, 17% were on contract while 2. 5% were employed as casual/daily workers. The share of contract workers has increased to 36% in 2022 while the share of casual/ daily workers has increased to 6. 6%. Overall, 42. 5% of those employed in CPSEs as of March 2022 fell in the category of contract or casual workers, whereas the corresponding figure was 19% in March2013.

Company-wise analysis shows that there are seven CPSEs where total employment reduced by more than 20,000 in the past ten years. The list is led by BSNL, where employment was reduced by about 1. 8 lakh. This was followed by Steel Authority of India Limited and MTNL — both reporting over 30,000 job losses in this period.


Interestingly, the companies that reported job losses are both profit and loss-making CPSEs. BSNL and MTNL, for instance, figure in the list of top ten loss-making CPSEs in 2021-22 while Air India has been privatised. The list, however, also includes SAIL and ONGC — both of which figure in the list of highest profit-making CPSEs in 2021-22, indicating that job loss is not entirely linked to losses incurred by central government units.


Coming to PSUs that created the most jobs, Indian Oil Corporation leads the list with about 80,000 jobs added in the past ten years. Ten CPSEs added more than 10,000 jobs each in the period under review and 13 reduced employment by over 10,000each.


The fact that the aggregate profit of profit-making enterprises was Rs 2. 6 lakh cr while the aggregate loss of those in the red was 1. 5 lakh cr also dispels the widespread myth that most CPSEs have become white elephants.

[edit] Govt stake in PSUs

[edit] As in 2019

Govt stake in select PSUs, As in 2019
From: Surojit Gupta, August 27, 2019: The Times of India

See graphic  :

‘Govt stake in select PSUs, As in 2019 ’

[edit] Poor corporate governance

The Times of India, Nov 23 2015

Rupali Mukherjee

PSUs fare poorly in corporate governance

Most of top 27 state-run cos violate norms on board independence, audit committees

Conventional wisdom suggests that since it's the government that formulates rules, state-owned companies would be at the forefront of abiding by them. However, according to an analysis by a proxy firm shared exclusively with TOI, it appears that it's the public sector undertakings (PSUs) which have scored poorly on corporate governance norms mandated by the government. These state-owned companies have violated guidelines related to board independence, appointment of audit, nomination and corporate social responsibility committees, and women directors on the board.Proxy advisory firm Stakeholders Empowerment Services (SES) studied the top 27 listed PSUs with a market capitalization of Rs 11,22,036 crore (as on October 26), where the highest market cap was that of ONGC at Rs 2,20,774 crore, and PTC India had the lowest market cap of Rs 1,961crore.

According to the SES analysis, 13 PSUs among the top BSE100 companies accounted for 14.1% of that index's total market cap, and nearly all the PSUs are non-compliant for one reason or other. Among the entire 27 PSUs studied, the analysis says 25 do not meet the criteria for independence of the board, almost 50% failed to constitute a compliant CSR committee, while nearly 25% do not have a woman director.

Moreover, over 80% do not have a compliant audit committee and NRC (nomination and remuneration committee), the analysis adds, saying these PSUs, rather than being role models, have set a bad precedent. LIC Housing Finance is the lone compliant company while the rest (26) are all non compliant in some parameter or the other (see graphic).

J N Gupta, founder and MD of SES, says, “The governmen does not realize that it may be suffering a loss in valuation, as well as shareholders, due to go vernance deficit..“ He adds “(Lack of) Board independen ce and audit committee are two serious violations.“ In terms of violations rela ing to independence of the audit committee, the 16 erring companies are MRPL, BPCL Engineers India, Neyveli Lig nite Corporation, Rural Elec rification Corporation, GAIL India), SJVN, Shipping Cor poration of India, Coal India Oil India, National Alumini um Company , ONGC, IOCL NTPC, HPCL and RCF.

For listed central public sector enterprises (CPSEs) corporate governance guide ines have been mandated by hree government agencies -ministry of corporate affa rs, Sebi and DPE (depart ment of public enterprises) The note states that these gui delines have been made man datory , with slight modifica ion, by all administrative mi nistries to ensure implemen ation and submission of quarterly progress report within 15 days from end of each quarter. In 2007, these guidelines were implemented on a voluntary basis.

It further directed administrative ministries to consolidate the reports on a year ly basis and submit a comprehensive status report of compliance with corporate governance guidelines for each financial year by May 31.The guidelines state: “In so far as listed CPSEs are concerned, they have to follow the Sebi guidelines on corporate governance. In addition, they shall follow those provisions in these guidelines which do not exist in the Sebi guidelines, and also do not contradict any of the provisions of the Sebi guidelines.“

Put simply , all listed CPSEs have to follow corpora te governance as prescribed by Sebi. In addition, if the CPSE guidelines are more stringent than Sebi norms, the same should be followed.

SES is of the opinion that discipline begins at the top, with the level of governance being of the highest order so as to create benchmarks for others to emulate. Incidentally, such widespread noncompliance has not been observed in listed PSU banks.

[edit] Norms for public sector companies: 2016

The Times of India, Jun 02 2016

Govt wants at least 30% of profit as dividend from PSUs

The finance ministry has issued fresh norms for public sector companies, mandating dividend payout of at least 30% of profit after tax, apart from share buyback, as the government looks to tone up the financial management of state-run companies besides maximizing its revenues. At present, most PSUs pay dividend at lower rates. The guidelines for capital restructuring of central PSUs have made government nominee directors responsible for financial management and also stipulated that any exemption should be obtained from the finance or the administrative ministry . In recent months, the government has insisted on buyback of shares to use surplus cash with state-run firms as an alternative route to meet its dis investment target.

Now the rules drawn up by recently rechristened department of investment and public asset management (DIPAM) puts far greater emphasis on buybacks. It asked PSUs to look at buybacks if there are no plans to deploy the surplus cash with them.“Buyback of shares improves investor confidence in the company and is likely to help raise capital in future when it requires funds for expan siondiversification for growth,“ the circular said. In the first meeting of the financial year, companies have been asked to look at the cash balance, capex plans, free reserves and other parameters and any surplus to be used for buyback.

Similarly , minimum dividend of 30% of profit after tax or 5% of net worth has been prescribed.

The rules have also prescribed issue of bonus shares if reserves are five times or more than the paid-up equity share capital. If reserves and surplus cross 10 times the equity capital, the PSU has no option but to issue bonus shares to shareholders.

Further, the norms presc ribe a stock split if the market price or the book value of a share crosses 50 times the face value, arguing that small investors would enter the market. “It has been endeavour of the government to encourage participation of small investors in the capital market to increase depth of the market, liquidity and trading volume of the shares. However, high price of shares sometimes acts as a deterrent for the investors to invest in the company . In view of this, the board of central public sector enterprises needs to discuss and decide on the desirability of splitting the share,“ the circular said.

[edit] Profit/ loss-making PSUs

[edit] 2014-18

Profit/ loss-making PSUs
The profitability of PSUs
2014-18
From: January 21, 2019: The Times of India

See graphic:

Profit/ loss-making PSUs
The profitability of PSUs
2014-18

[edit] YEAR-WISE DEVELOPMENTS

[edit] 2018-19

BSNL, Air India, MTNL highest loss-making PSUs in FY19; ONGC most profitable: Survey, February 10, 2020: The Times of India

NEW DELHI: ONGC, Indian Oil Corporation and NTPC were the top three profitable PSUs in 2018-19, whereas BSNL, Air India and MTNL incurred highest losses for a third consecutive year, according to a survey tabled in Parliament.

The Public Enterprises Survey 2018-19, which maps the annual financial performance of all central PSUs, revealed that the top 10 companies in the red claimed a whopping 94.04 per cent of the total losses made by all the 70 loss making CPSEs during the year.

The top three profit making PSUs including Oil and Natural Gas Corporation (ONGC), Indian Oil Corporation and NTPC contributed 15.3 per cent, 9.68 per cent and 6.73 per cent, respectively to the total profit earned by all profitable CPSEs.

State Trading Corporation of India, MSTC and Chennai Petroleum Corporation which were profit making CPSEs in 2017-18, incurred losses in 2018-19 and also feature among the top ten loss- making firms, the survey found.

Total income of all CPSEs during 2018-19 stood at Rs 24,40,748 crore compared to Rs 20,32,001 crore in 2017-18, showing a growth of 20.12 per cent.

The contribution of CPSEs to the central exchequer by way of excise duty, customs duty, GST, corporate tax, interest on central government loans, dividend and other duties and taxes stood at Rs 3,68,803 crore in 2018-19 as against Rs 3,52,361 crore in 2017-18, showing an increase of 4.67 per cent.

The Department of Public Enterprises (DPE), Ministry of Heavy Industries & Public Enterprises, brings out the Public Sector Enterprises Survey on the performance of central public sector enterprises (CPSEs) every year.

As per the survey, there were total 348 CPSEs as on March 31, 2019 out of which 249 were operational. The remaining 86 were under construction and 13 were under closure or liquidation.