Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India Article 12-State/Other authority-Meaning of-An Organisation may be identified as an agent or instrumentality of the State/Other authority depending upon combination of one or more of relevant factors as to the essentiality and overwhelming nature of such factors in identifying the real source of governing power-The State/Other authority, so defined, has a specific purpose and that is under Part III of the Constitution and not for making it a Government or Department of the Government itself.Respondent, an employee of the appellant-company, has challenged his transfer as vitiated by malafides and illegality. Single Judge of the High Court granted stay of the transfer order. In the appeals filed by the appellant-Company before the Division Bench of the High Court, the two grounds of challenge were that the appellant-Company is not a 'State' and the Order of transfer was in accordance with the Contract of Service and necessitated on account of exigencies etc. In certain earlier decisions by the Division Bench of the High Court, the appellant-Company was held to be not "State" within the meaning of Article 12. The Division Bench, therefore, referred the matter to a Full Bench for consideration of the main issue as to whether the appellant-Company was a State within the meaning of Article 12 of the Constitution. The Full Bench came to the conclusion that the appellant-Company was an authority and instrumentality or agency of the State, so as to attract Article 12 of the Constitution of lndia. However, appeals against the order of Single Judge, were allowed on the ground that impugned order of transfer was not vitiated by malafides or by any extraneous considerations and that the respondents have no legal right to challenge the said order of transfer on administrative grounds. Hence these appeals. |
Judge | Hon'ble Mr. Justice Doraiswamy Raju |
Neutral Citation | 2002 INSC 4 |
Petitioner | The Mysore Paper Mills Ltd. |
Respondent | The Mysore Paper Mills Officers Association And Anr. |
SCR | [2002] 1 S.C.R. 37 |
Judgement Date | 2002-01-08 |
Case Number | 5247 |
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