REGENT COMPUTRONICS PVT. LTD.

Balmer Lawrie & Co. Ltd Appellant

V/S

Partha Sarathi Sen Roy Respondents

Referred Judgements :-

V.P.R.V. CHOCKALINGAM CHETTY V. SEETHAI ACHE [REFERRED TO]
LACHMESHWAR PRASAD SHUKUL V. KESHWAR LAL CHAUDHURI [REFERRED TO]
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS. MOHAN LAL [REFERRED TO]
STATE OF MYSORE VS. ALLUM KARIBASAPPA [REFERRED TO]
SUKHDEV SINGH THE OIL AND NATURAL GAS COMMISSION THE L 1 C LIMITED THE INDUSTRIAL FINANCE CORPN EMPLOYEES ASSOCIATION VS. BHAGATRAM SARDAR SINGH RAGHUVANSHI:THE ASSOCIATION OF CLASS II OFFICERS 0 N G C:SHYAM LAL SHARMA:THE INDUSTRIAL FINANCE CORPN [REFERRED TO]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD VS. A.RAJAPPA [REFERRED TO]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED TO]
AJAY HASIA VS. KHAUID MUJIB SEHRAVARDI [REFERRED TO]
WORKMEN OF HINDUSTAN STEEL LIMITED VS. HINDUSTAN STEEL LIMITED [REFERRED TO]
K RAMANATHAN VS. STATE OF TAMIL NADU [REFERRED TO]
CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED VS. BROJO NATH GANGULY / TARUN KANTI SENGUPTA [REFERRED TO]
WS STAR ENTERPRISES VS. CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED [REFERRED TO]
N NAGENDRA RAO AND COMPANY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
LIC OF INDIA VS. CONSUMER EDUCATION AND RESEARCH CENTRE [REFERRED TO]
CHIEF CONSERVATOR OF FORESTS VS. JAGANNATH MARUTI KONDHARE [REFERRED TO]
AGRICULTURAL PRODUCE MARKET COMMITTEE VS. ASHOK HARIKUNI [REFERRED TO]
BALCO EMPLOYEES UNION REGD VS. UNION OF INDIA [REFERRED TO]
MYSORE PAPER MILLS LIMITED VS. MYSORE PAPER MILLS OFFICERS ASSOCIATION [REFERRED TO]
PRADEEP KUMAR BISWAS VS. INDIAN INSTITUTE OF CHEMICAL BIOLOGY [REFERRED TO]
RAJESH D DARBAR VS. NARASINGRAO KRISHNAJI KULKARNI [REFERRED TO]
U P CO OPERATIVE CANE UNIONS FEDRATIONS VS. WEST U P SUGAR MILLS ASSOCIATION 7 ORS [REFERRED TO]
VIRENDRA KUMAR SRIVASTAVA VS. U P RAJYA KARMACHARI [REFERRED TO]
ZEE TELEFILMS LTD VS. UNION OF INDIA [REFERRED TO]
K C SHARMA VS. DELHI STOCK EXCHANGE [REFERRED TO]
STATE OF U P VS. JAI BIR SINGH [REFERRED TO]
ASSAM SMALL SCALE IND DEV CORP LTD VS. J D PHARMACEUTICALS [REFERRED TO]
LT GOVERNOR OF DELHI VS. V K SODHI [REFERRED TO]
PUNJAB NATIONAL BANK VS. ASTAMIJA DASH [REFERRED TO]
M D H S I D C VS. HARI OM ENTERPRISES [REFERRED TO]
VODAFONE INTERNATIONAL HOLDINGS B V VS. UNION OF INDIA [REFERRED TO]

JUDGEMENT

(1.) These appeals have been preferred against the impugned judgments and orders of the High Court of Calcutta dated 30.1.2002 and 24.12.2002 in FMA No. 301/2001, CO. 2038/1993, WP. Nos. 778/1992, 2613, 2798 & 3169/2000, 1109/1998 and 1739/1996, by which the Calcutta High Court by a majority decision held that thePage 2 Balmer Lawrie & Co. Ltd. appellant, is a State within the purview of 12 of the Constitution of India, 1950 (hereinafter referred to as, the 'Constitution'), and is thus, amenable to writ jurisdiction.

(2.) Facts and circumstances giving rise to these appeals are:

(3.) Shri Sudhir Chandra, learned senior counsel appearing for the State, has submitted that the appellant company cannot be held to be a State within the meaning of Article 12 of the Constitution, or any other authority for that matter, as there is no deep and pervasive control exercised by the government over the company, though certain financial aid was given by it for specific purposes. The government however, does not have control over the day-to-day functioning of the company. Merely because the appellant company is a subsidiary of a government company, and is itself a government company, the same would not make the appellant company fall within the purview of the word 'State' as intended by Article 12 of the Constitution. Moreover, it does not carry out any public function which could render it as, 'any other authority', for the purposes of Article 226 of the Constitution. It also does not have any kind of monopoly over its business, in fact, it carries on a variety of business activities and faces competition from all the other industries that operate in the same fields as it does. The terms of employment therefore, cannot be enforced through writ jurisdiction. Thus, the only remedy available to the respondent was to file a suit for damages. The appeals deserve to be allowed.

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BALMER LAWRIE & CO. LTD Vs. PARTHA SARATHI SEN ROY

Referred Judgements :-

JUDGEMENT

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