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2021 Supreme(Mad) 1471

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
T. A. Rajagopalan – Appellant
Versus
Indian Potash Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Niranjan Rajagopal, Advocate for G.R. Associates
For the Respondent:Anand Gopalan, Advocate for T.S. Gopalan & Co. and P. Raghunathan, Advocate

JUDGMENT :

Sanjib Banerjee, J.

1. The Writ Petitioners, who are retired Employees of the First Respondent-Company, are in Appeal upon the dismissal of their Writ Petitions.

2. For a start, the very maintainability of the Writ Petitions under Article 226 of the Constitution was questioned before the Single Bench. It was submitted on behalf of the First Respondent-Company that such Company did not answer to the description of State or other Authority within the meaning of Article 12 of the Constitution. At any rate, the First Respondent asserts that it is not within the all pervasive control of any Government nor is it substantially or otherwise funded by the Government. Towards such end, the First Respondent-Company relies on a Delhi High Court Judgment reported at Indian Potash Limited and others v. Union of India and others, 2018 (246) DLT 360, wherein it was held that the Company could not be regarded as a Public Authority as defined in Section 2(h) of the Right to Information Act, 2005.

3. The grievance of the Appellants is that the contribution made towards their pensionary benefits by the First Respondent-Company had not been made over to them upon their superannuation. The ancill

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