SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(SC) 1457

Y.K.SABHARWAL, D.M.DHARMADHIKARI
Virendra Kumar Srivastava – Appellant
Versus
U. P. Rajya Karmachari Kalyan Nigam – Respondent


Judgment

Dharmadhikari, J.—The sole point that arises for decision in this appeal before us is whether U.P. Rajya Karmachari Kalyan Nigam [for short ‘the Corporation’] is covered by the definition of “State” under Article 12 of the Constitution of India and is amenable to writ jurisdiction of the High Court under Article 226 of the Constitution of India.

2. The services of the petitioner from the post of Salesman in one of the stores of the Corporation have been terminated against which he approached the High Court of Allahabad. A preliminary objection was raised by the Corporation to the maintainability of writ petition on the ground that the Corporation does not fall in the definition of “State” under Article 12 of the Constitution.

3. Relying on decisions of the Lucknow Bench of the same Court in the case of Vijay Kumar Verma vs. U.P. Government Employees Welfare Corporation [Writ Petition No. 8246 (ss) of 1992 decided on 13.4.1993], the writ petition filed by the petitioner in the High Court was dismissed as not maintainable against which the petitioner has preferred the present appeal.

4. After passing of the impugned judgments by the High Court, the scope of Article 12 came up fo





















































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top