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1983 Supreme(Del) 200

AVADH BEHARI ROHATGI
S. C. MEHTA – Appellant
Versus
UNION OF INDIA – Respondent


A. B. Rohatgi, J.

( 1 ) THIS case concerns the Food Corporation of India (the Corporation ). The Corporation was established by the Food Corporation Act 1964 (the Act ). Section 45 of the Act empowers the Corporation to frame regulations. In exercise of this delegated power the Corporation framed the Staff Regulations in 1971.

( 2 ) THESE corporate bodies exercise functions of a legislative nature delegated to them by legislative bodies. In essence they are subordinate legislative bodies, but in truth, they are what Lord Maugham described in Rowell v. Pratf, (1938) A. C. 101 (113) as domestic bodies which the legislature has thought fit in public, interest to entrust with important statutory powers. The Food Corporation of India (Staff) Regulations 1971 have, therefore, the force of a statute (See Kmlash Nath v. State of U. P. , AIR 1957 S. C. 790 (791 ).

( 3 ) S. C. Mehta. petitioner in this case, ioined the service of the Government of India, Ministry of Food, as an Assistant Anaivser in 1952. In 1965, after the Corporation was established by the Act of 1964. he came to the Corporation on deputation and continued to work here In 1975, his services were transferred from the Centra
































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