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1 - 10 of 38 (2.72 seconds)Article 311 in Constitution of India [Constitution]
Article 77 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Article 309 in Constitution of India [Constitution]
Section 619 in The Companies Act, 1956 [Entire Act]
S. L. Agarwal vs General Manager, Hindustan Steel Ltd on 19 December, 1969
In Ajit Kumar Nag Vs. General Manager (PJ), Indian Oil Corporation Ltd. Haldia and others (2005) 7 SCC 764 relying on Constitution Bench judgment in S.L. Agarwal (Dr.) Vs. G.M. Hindustan Steel Ltd. (1970) 1 SCC 177, Court held that "an employee of a Corporation cannot be said to have held a "civil post" and, therefore, not entitled to protection of Article 311. According to Court, Corporation could not be said to be a "Department of Government" and employees of such Corporation were not "employees under Union". Corporation has an independent existence and appellant was not entitled to invoke Article 311.
Officers And Supervisors Of I.D.P.L vs Chairman And M.D. I.D.P.L. And Ors on 24 July, 2003
59. Similarly, in Officers and Supervisors of I.D.P.L. Vs. Chairman and Managing Director I.D.P.L. and others (supra), Court considered question "whether employees of public sector enterprises have any legal right to claim revision of wages irrespective of financial condition of Company in which they are working on the ground that Government should provide financial support since Company is public sector enterprises and a Government Company". Answering aforesaid question, Court said that no legal right can be claimed by such employees against Government obliging it to pay their salary or any additional expenditure.
Heavy Engineering Mazdoor Union vs The State Of Bihar & Ors on 12 March, 1969
61. Similar issues have been considered time and again and we reproduced some more authorities on the subject in Heavy Engineering Mazdoor Union Vs. State of Bihar and Others 1969 (1) SCC 765, it was argued that the entire shares were held by Central Government; Board of Directors as well as Chairman and Managing Director were appointed by Central Government and in all matters of importance,. power to take decision was reserved to the President of India, therefore company should be treated to be an 'industry' carried on under the authority of Central Government. A three Judges Bench considered the matter and observed " A commercial corporation acting on its own behalf, even though it is controlled wholly or partly by Government department, will be ordinarily presume not to be a servant or agent of State.