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2007 Supreme(Del) 2379

SANJIV KHANNA, MUKUNDAKAM SHARMA
S. C. SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
J.P.SAHA, LALIT BHASIN, MAHINDER SINGH, Ratna Dwivedi, SHRUTI M.KHATTAR, Viplav Sharma

SANJIV KHANNA, J, J.

( 1 ) THE present appeal has been filed by Mr. S. C. Sharma, an erstwhile employee of modi Rubber Limited, the respondent No. 8 herein. It is the case of the appellant that on 12th September, 1972 he was appointed as Stenographer with the respondent No. 8. On 26th August, 1996 his services were terminated by giving one month salary in lieu of notice. Aggrieved, the appellant filed Writ petition No. 3654/1996 on 23rd September, 1996 challenging his termination from service on the ground that it is in violation of principles of natural justice, articles 14, 19 (1) (g) and 21 of the Constitution of India.

( 2 ) BEFORE the Learned Single Judge, preliminary objection was taken by the respondent No. 8 that the writ petition was not maintainable as the said company is not a "state" or an "instrumentality" or an "agency" of the Government within the meaning of Article 12 of the Constitution of India. By the impugned judgment dated 11th August, 2000, Learned Single Judge has held that the writ petition was not maintainable as the respondent No. 8 is an incorporated company and, therefore, does not come within the sweep of Article 12 of the Constitution of India. It was
































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