Satyam And Public Policy - An Awkward Corner

Satyam And Public Policy

Niranjan Rajadhyaksha - Wednesday, April 15, 2009 2:33 PM

The government agencies and the interim board that managed to sell Satyam Computer Services to Tech Mahindra deserve credit for a job well done. Read Mint's editorials on this here and here.

But what do these last three months tell us about the nature of Indian public policy?

The question popped into my mind when I read this piece by Ashoak Upadhyaya in Hindu Business Line. (Disclosure: Ashoak was my boss many years ago.)

In 1983, the Government of India passed legislation taking over sick textile mills in the then Bombay a year after the workers had begun what was to become the world’s longest strike. In its preamble, the Textiles Undertakings (Taking Over of Management) Act provided an explanation for the nationalisation of the city’s iconic mills located in the heart of the metropolis.

“Whereas by the reasons of mismanagement of the affairs of the textiles undertakings…their financial condition became wholly unsatisfactory even before the commencement in January 1982 of the textile strike in Bombay…” The Government was assuming charge to ensure investments necessary “to protect the interests or the workingmen.”

Ashoak goes on to discuss how the government avoided a nationalization and how "the Satyam takeover poses dangers of moral hazard unless accompanied by swift action against the swindlers".

I want to focus here on something else.

The government intervened in the Mumbai textile industry because it wanted to protect the interests of workers. The entire debate between Ramalinga Raju's infamous mea cupla and the eventual sale of Satyam this week was on different lines altogether: would scandals such as this one destroy investor confidence?

From the rights of workers to investor confidence --- the goal post of public policy seems to have been moved a fair bit.

 

 

 

 

Share this post: email it! | del.icio.us! | digg it! | newsVine!

From V.B.N.Ram

April 16, 2009 8:30 AM
Ramalinga Raju's me culpa laid bare the fraud , only to the extent of the proverbial " tip of the ice berg " most of the entire sordid drama ( some of which is still being unearthed ) was speedily unravelled , thereafter. Where the authorities deserve full credit is : a) in getting seized of the problem and its implications , almost in a jiffy b) prompt remedial measures , such as the sacking of the board and its replacement with a robust interim board c) analysis of how best the firm can be restructured / given a make over. d) its strategic sale through a bidding process ,in a transparent manner, providing a level playing field for all the bidders. The government and the CLB deserve the nation's gratitude, for doing all this in a record three months. As far as the new management is concerned, the march ahead for it is far from walking on "smooth friction free velvet " One can only believe that it has got a fairly good idea of all the liabilities, including the class action suits in the US ( the US business is quite substantial ) the fresh avatar of Satyam, desires to extract the maximum amount it can from the frozen assets of Maytas b) request parties in the US to adopt a lenient attitude towards legal demands relating to damages, just in case parties are stubbornly adamant to consider any leniency, to requst them to allow continuance of business with them, and compromise as regards the fees. This is indeed a rational course to adopt. Let us hope corporate India has learn't its lessons

From V.B.N.Ram

April 18, 2009 9:55 AM
I would like to endorse what has been stated in one of your recent editorials that India needs to reform its bankruptcy laws and plug the loopholes. Also the boards need to have more independent members, who will not be so beholden to the executive members, as to let them get away with murder, without a murmur of protest, as the Satyam saga permitted

From raj

May 2, 2009 2:06 PM
Apart from the need to boost investor confidence and to safeguard jobs, there was also the necessity of sustaining the faith of global customers, existing and prospective. Had Satyam been allowed to fall, the entire Indian IT industry would have been painted in one broad sweep of the brush as unreliable and unethical. I agree with you that the Govt acted fast this time, entrusted the responsibility to a Board comprising individuals with impeccable record and ensured a quick change of management in a transparent manner.

From Hardika

May 6, 2009 10:15 AM
I read that according to Yogesh Chabria, Raju has done things which are not yet known by most people like buying Puts and Shorts to make a killing out of the crash in the Satyam stock. Can't SEBI find this out in more details? Source: http://www.blog.happionaire.com/2009/01/did-raju-really-become-gentleman-or.html

From runescape accounts

May 9, 2009 2:40 PM
I would like to endorse what has been stated in one of your recent editorials that India needs to reform its bankruptcy laws and plug the loopholes. Also the boards need to have more independent members, who will not be so beholden to the executive members, as to let them get away with murder, without a murmur of protest, as the Satyam saga permitted

From V.B.N.Ram

May 10, 2009 9:51 AM
Strangely what runescape accounts records above is almost a verbatim repeat of what I have written on April 18, 2009. Is our thinking so alike !

From as

May 23, 2009 11:17 AM
as

From Best hair removal cream

June 18, 2009 8:51 PM
Haha I think it must be!

POST YOUR COMMENT

:
(required)
 
Email Address
(required)
   
(optional)
(HTML not allowed)