Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.36 1955 Orissa Khadi and Village Industries Board Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Orissa Khadi and Village Industries Board Act, 1956 (3 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Orissa Khadi and Village Industries Board Act,1955 – s. 36 – Orissa Khadi and Village Industries Board Regulations, 1960 – Regulation 40 and 52 – State Government decided not to introduce pension scheme for the employees of Orissa Khadi and Village Industries Board due to the financial hardship – Respondents challenged it before the High Court – The Single Judge issued directions to the State Government to amend the Regulations of 1960 and to take appropriate steps to incorporate the pension scheme for the Board’s employees at par with the State Government employees – On appeal, the Division Bench of High Court dismissed the appeal and held that the direction of the Single Judge was only advisory in nature and the State Government shall honour the same while keeping in view the interest of the retired employees – In appeal before the Supreme Court, the State Government contended before the Supreme Court that the High Court was not justified in issuing such directions, which are contrary to the regulations that rule out pensionary rights to Board employees – Held: Board has been established under enactment of the State, it could be considered to be an instrumentality of the State, its distinct characteristic of being a Board established with particular aim and objective cannot be ignored – The employees of the Board cannot be treated as State Government employees in all respects just because the State has established the Board – Regulation 40 starts with exception clause, making that provision subject to other provisions of the Regulation – Regulation 52 specifically provides that the employees of the Board shall not be entitled to any pension – Further held, mandamus could not have been issued to the State to carry out amendment – Under Art. 142, the Supreme Court cannot issue directions in violation of statutory provisions – Orders of High Court were set aside. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2023 INSC 247 |
Petitioner | State Of Orissa & Anr. |
Respondent | Orissa Khadi And Village Industries Board Karamchari Sangh & Anr |
SCR | [2023] 2 S.C.R. 1049 |
Judgement Date | 2023-03-17 |
Case Number | 6944 |
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