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RAJASEKHAR MANTHA, TIRTHANKAR GHOSH
Andrew Yule Head Office Retired Employees’ Association – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Rajasekhar Mantha, J.
1. Review of the Judgment and Order dated 5th August 2019 passed in MAT No. 323 of 2019 (said appeal) is sought by the Petitioners/Appellants/ Writ Petitioners.
2. The said appeal (Intra Court/ Letters Patent Appeal) arose out of a Judgment and order dated 21st January 2019 passed by a Single Bench of this Court in W.P.No.18957 of 2019 (Andrew Yule Head Office Retired Employees’ Association Versus Union of India and Ors.) (said writ petition).
3. In the said writ petition, mandamus was sought, to quash Memoranda of Settlement dated 21st December 1973 and 1983, to the extent they interfered with the petitioners’ pension and gratuity.
4. The Ld. Single Judge held that the said writ petition was not maintainable against the Respondent No.2 for being bound by two Division Bench decisions of this Court i.e. Anupam Ghosh Vs Union of India reported in 1991 (2) CHN 451 and Movewell Griha Nirman Ltd. Vs. Andrew Yule and Co Ltd. being APOT No.67 of 2008 dated 23rd July 2008. In both the cases the Division Benches had held that Andrew Yule Company Ltd. was not “State” or “Other Authority” within the meaning Article 12 of the Constitution of India.
5. At paragraph 10
A company can be classified as 'State' under Article 12 of the Constitution if it operates significantly under government control and serves public functions.
A multinational company cannot be classified as an 'instrumentality of the State' under Article 12 without pervasive control or public duty imposed by the State.
The Gem and Jewellery Export Promotion Council does not qualify as an 'instrumentality of the State' under Article 12 due to insufficient governmental control, reinforcing its autonomous status.
The main legal principle established in the judgment is that the status of an entity as an 'authority' under Article 226 of the Constitution of India depends on the nature of the public duties it dis....
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
A private entity, not under pervasive government control, does not qualify as 'State' under Article 12, making a writ petition against it not maintainable.
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