Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | other authority Writ petitions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | CONSTITUTION OF IND/A, 1950: Arts. 12 and 226 - Writ petitions before High Court by employees of VSNL (renamed TCL) challenging termination of their services - Held: Are not maintainable - Government of India holding only 26.12% shares of TCL, would not be in control of affairs of TCL - TCL cannot be said to be 'other authority' within Art. 12 - Merely because TCL is performing 0 the functions which were initially performed by OCS would not be sufficient to hold that it is performing a public function - The functions performed by VSNL/TCL are not of such nature which could be said to be a public function - Therefore, High Court of Delhi and High Court of Bombay were fully justified in rejecting the claim of appellants that TCL would be amenable to writ jurisdiction of High Court by virtue of the 'other authority' within the purview of Art. 12 - Human Rights Act, 1998 - s.6(3)(b).The appellants, in C.A. No. 3933 of 2013 and C.A. No. 2147 of 2010, who had joined the service of the Government of India in the Ministry of Telecommunication known as Overseas Communication Service (OSS), and were subsequently absorbed in Videsh Sanchar Nigam Limited (VSNL), filed writ petitions before the High Court of Bombay, challenging the termination of their services by the respondents. The writ petitions were dismissed in limine by the Division Bench. In the writ petitions filed before the Delhi High Court by former employees of VSNL, the single Judge accepted the preliminary objection that the writ petitions were not maintainable, as VSNL was neither a State within the meaning of Art.12 of the Constitution of India nor was it performing any public function. Their Letters Patent Appeals were also dismissed by the Division Bench of the High Court. Writ Petition· No. 689 of 2007 was filed by Videsh Sanchar Nig$m Scheduled Castes/Tribes Employees Welfare samiti . . ' I ~he questions for consideration before the Court were: (i) Whether inspite of the Government of India holding only 26.97% shares in VSNL/TCL, would it still fall in the definition of State or other authority within the . '. ambit of Art.12 of the Constitution; and (ii) Whether VSNL/TCL is performing a public function/public duty," and as such, would be amenable to writ jurisdiction of High Court under Art. 226 of the Constitution. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2013 INSC 264 |
Petitioner | Jatya Pal Singh & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2013] 2 S.C.R. 970 |
Judgement Date | 2013-04-17 |
Case Number | 2147 |
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