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IN THE HIGH COURT AT CALCUTTA
Satyabrata Sinha, J.
Sri Raj Kumar Sardar – Petitioner
Versus
Union of India & Ors. - Opposite Parties
C.O. No. 21536 (W) of 1995
Decided on: 15th September, 1998
WRIT PETITION - BOSE INSTITUTE - ARTICLE 12 - NOT A STATE - CONTRACT LABOUR (REGULATION & ABOLITION) ACT - NO WRIT MAINTAINABLE.
Fact of the Case:
Petitioners, Cooks and Helpers at Bose Institute, sought a writ of mandamus to regularize their services and treat them as Group-D employees with regular salaries and allowances, claiming the institute was under the financial and administrative control of the Central Government.
Finding of the Court:
The Court held that Bose Institute was not a State within the meaning of Article 12 of the Constitution of India, as it was not an instrumentality of the State and had nominees from both the Central Government and the State of West Bengal on its Board of Directors.
Issues: 1. Whether Bose Institute is a State within the meaning of Article 12 of the Constitution of India? 2. Whether the petitioners are entitled to regularization of their services and treatment as Group-D employees?
Ratio Decidendi: 1. The Court relied on several Supreme Court judgments, including Chander Mohan Khanna v. National Council of Educational Research & Training & Ors., to hold that Bose Institute was not a State. It distinguished the case from P.K. Ramchandra lyer v. Union of India, where the Apex Court had held that Agricultural and Scientific Research is a State, on the ground that the organization in that case was earlier a department of the Ministry of Agriculture. 2. The Court further held that the petitioners were not entitled to regularization of their services or treatment as Group-D employees, as there was a disputed question of fact as to whether they were employees of the institute or of the mess committee that had appointed them.
Final Decision: The writ petition was dismissed, with no order as to costs.
The petitioners, who are four in numbers are working as Cooks and Helpers at Bose Institute, School Hostel, have prayed for following reliefs in this application:-
“(a) A writ in the nature of Mandamus commanding the respondents and/or their agents to regularise the services or the petitioners in permanent capacities under the said institute with all regular benefits and also an order commanding the respondents and/or their agents to treat the petitioners as Group-D employees with regular monthly salaries and allowances as admissible under the Central Government retrospectively at least from 4th June, 1993 and to pay the Bonus and Puja Advance of the year 1995.”
2. The petitioner contends that Bose Institution was originally founded by Sir Jagadish Chandra Bose in 1917 and is now a Society registered under the West Bengal Society registration Act, 1961. It is an autonomous organisation. Allegedly the Ministry of Science and Technology of Government of India is in full and complete budgetary or financial control of the said institute and also exercises administrative power for determination of the policies and directions of the institute.
3. It has further been averred that both the academic and non-academic staff also enjoy pay scales and allowances as admissible to Central Government employees and it is subject to a scrutiny and audit by the Accountant General, Central Revenue. It is alleged that as per Regulations of Bose Institute the Board of Directors the Council which is in-charge of the General Superintendence, direction and control of the affairs of the institute is dominated by the Central Government as also the Government of West Bengal as also their nominees Allegedly from the Memorandum of Association it would appear that the Government operates from behind the veil of the Society which is engaged in a function of vital importance viz. advancement of knowledge by means of research, diffusion by organising discourses demonstrations and lectures to be given by original workers/staff in it as well as world renowned thinkers to do all such things as are incidental or conducive to the attainment of the objects or any of them. It is stated that the Rules and Regulations of the Bose Institute can be altered and modified only with the previous approval and sanction of the Central Government.
4. In the affidavit-in-opposition it is alleged that the respondent No. 2 is not a State within the meaning of Article 12 of the Constitution of India.
5. Only because an Institute is under the financial control or administrative control to some extent by itself cannot be said to be a ground for holding that it will be a State within the meaning of Article 12 of the Constitution of India.
6. In (1) Anupam Ghosh v. Union of India and Others reported in 1991 Lab IC 2261 : 1991(2) CHN 451 it has been held that a trading company is not a 'State' within the meaning of the provision of the said Article.
7. In (2) Director, Indian Association for the Cultivation of Science, Jadavpur & Ors. v. Ashoke Kumar Roy & Ors. reported in 1992(1) CLJ 319, a division bench of this Court held that Indian Association for the Cultivation of Science is not an instrumentality of the State in support whereof reasons have been stated in Paragraph 3 of the said decision although therein also scientific laboratories are maintained and the institute is entitled to cultivate science found equip and maintain scientific laboratories, establish and maintain collections of natural History, Mechanical, Scientific and Philosophical inventions instruments or designs and take all proper and necessary steps for diffusion and Cultivation of Science in all departments.
8. In the instant case, despite the fact that the petitioners have referred extensively from the bye-laws and/or Article of Association, they have not placed the same before the Court. It is admitted that not only the nominees of the Central Government but also nominees of the State of West Bengal are amongst t
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