Bhagabati Prasad Banerjee, J. - (1.) This writ application was filed by the petitioner against an order of dismissal from service with effect from September 7, 1994, by an order passed on August 21, 1994, by Dr. T.K. Bhat-tacharjee. Additional Chief Medical Officer, Indian Oil Corporation Ltd. (Refinery & Pipelines Division Haldia Refinery)
(2.) The petitioner was a cook-cum-bearer of the said corporation. The Indian Oil Corporation Ltd. is an undertaking of the Central Government and the composition is dominated by the representatives appointed by the Central Government and it is stated that the money required for running the said Corporation are, inter alia provided by the Central Government. It has been disputed that the said Corporation is not an instrumentality and agency and/or authority under Article 12 of the Constitution of India and is amenable to writ Jurisdiction.
(3.) It was the duty of the petitioner to prepare food for the patients, to hospitalised guests, to serve meals and to maintain the place in good condition. It is also not disputed that the petitioner was also asked to do all types of works including marketing of articles of foods for the patients, and the petitioner had to go for marketing for purchasing of articles from a market place which is more than half a kilometre away from the Hospital.;