JUDGEMENT
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(1.)In 1972 Sabhajit Tewary. a Junior Stenographer with the Council of Scientific and industrial Research (CSIR) filed a writ petition under Article 32 of the Constitution claiming parity of remuneration with the stenographers who were newly recruited to the CSIR. His claim was based on Article 14 of the Constitution. A Bench of five judges of this Court denied him the benefit of that Article because they held in Sabhajit Tewary v. Union of India that the writ application was not maintainable against CSIR as it was not an "authority" within the meaning of Article 12 of the Constitution. The correctness of the decision is before us for re-consideration.
(2.)The immediate cause for such re-consideration is a writ application filed by the appellants in the Calcutta High Court challenging the termination of their services by the respondent No. 1 which is a unit of CSIR. They prayed for an interim order before the learned single Judge. That was refused by the Court on the prima view that the writ application was itself not maintainable against the respondent no. 1. The appeal was also dismissed in view of the decision of this Court in Sabhajit tewary's case.
(3.)Challenging the order of the Calcutta high Court, the appellants filed an appeal by way of special leave before this Court. On 5/08/1986 a Bench of two Judges of this court referred the matter to a Constitution bench being of the view that the decision in sabhajit Tewary's required re-consideration "having regard to the pronouncement of this court in several subsequent decisions in respect of several other institutes of similar nature set up by the Union of India".
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