NDLI: Union of India & Ors. Vs. N. Hargopal & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Employment Exchanges (Compulsory Notification of Vacancies) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Employment Exchanges (compulsory Notification of Vacancies) Act, 1959 (31 of 1959)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law. Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959: Ss. 2(e), (f) and 4-Establishment in public sector/private sector-Whether bound to appoint only persons sponsored by employment exchanges-Statute whether covers government departments. Constitution of India, Arts. 14 & 16: Insistence on recruitment through employment exchanges-Whether offends equality clause. Sub-section (1) of s. 4 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 requires every establishment in public sector to notify vacancy in any employment to the employment exchange. Sub-section (2) lays down similar requirement in respect of every establishment in private sector, while sub-s. (4) lays down that nothing in sub-ss. (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchanges to fill any vacancy merely because that vacancy has been notified. An 'establishment' is defined ins. 2(e) of the Act to mean any office or any place where any industry, trade, business or occupation is carried on, an 'establishment in public sector'in s. 2(f) as an establishment owned, controlled or managed by the Government or a Department of the Government, and an 'establishment in private sector' in s. 2(g) as an establishment which is not an establishment in public sector.Instructions issued by the Government of lndia from time to time enjoined upon employers-Central Government offices, quasi-Government institutions and statutory organisations and estahlishments in the private sector to restrict their field of choice for vacancies to which the Act applied in the first instance, to candidates sponsored by employment exchanges.A question arose as to whether an 'establishment in the public sector', or an 'establishment in the private sector', as defined in the Act, could make appointments to posts to which the Act applies, of persons not sponsored by the employment exchanges, and whether the Act covers Government establishments also. The High Court held that the Act had no application to Government establishments, that it casts no obligation either on the public sector establishments or on the private sector establishments to make the appointment from among candidates sponsored by the employment exchange only, and that any insistence that candidates sponsored by the employment exchanges alone should be appointed would be contrary to the right guaranteed by Arts. 14 and 16 of the Constitution.
Judge	Hon'ble Mr. Justice O. Chinnappa Reddy
Neutral Citation	1987 INSC 105
Petitioner	Union Of India & Ors.
Respondent	N. Hargopal & Ors.
SCR	[1987] 2 S.C.R. 910
Judgement Date	1987-04-13
Case Number	9

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Union of India & Ors. Vs. N. Hargopal & Ors.

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