LexSABHAJIT TEWARY versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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SABHAJIT TEWARY
v.
UNION OF INDIA & ORS.
February 21, 1975
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[A. N. RAY, C.J., K. K. MATHEW, Y. V. Cru\NDRAcHtJD, A.
.
ALAGIRISWAMI A. G. G UPTA, J/.]
Comriturio11 of India, Arts, 12 and 14--Counci/ of Sciemi{ic and lndust .
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Rcscarc!J, 1 aut ron y.
· Tho petitioner, a stenograp?er in the ~uncil of. Scbntific and Industrial
R~an:b. contended that ccrta.Jn letters rctat1~2 t~ hL<i remuneration wen: dil·
criminatory, as far as he was concerned. and VIOlative of Art. 14.
Ojsm.issiog the petition,
HElD : The resoondcnt Council is nol an a~thoritv ~ithin th~ me:llling of
Art. 12 aod the petitioner was, therefore, not cnlltlcd to anvoke Art. 14 at.Umt
it. [6188-C]
·me Council doe'i not have a statutorv charac.tu like the Oil and Natur:t.I
G:t.<& Commission or tho Life Insurance Corporation or the Industrial Fill:Ioce
Corporation. It is a society incorporated in accordance with the provisions of
tho Societies Registcation Act. The tact that lbe Pnme ~linish:r t:s ill..: rn::Ji-
dent, or that the Government appoint! nominees to the governing boOy oc th.u
tbe Govemmeol may terminate the membership, will not establl:;b an;1111n6
more than tho fact that tho Government takes special care that tho promotioo,
gutdan~ and coooeration of scientific and industrial research, tll~ institution
and financing of spocific re-;earchcs, cstlbli!dlment or development and as.u,tance
to l>pecial in'ititu*ion'> or departments of tho ex..istiog institution..-. for scientific
study o{ problems affecting particular indusl.ry in a trade, and th~ utilisation oi
the ruult of the re!learches conducted unJcr tho auspices of the Council towards
the develop~nt of iod ustrie~ in the country, are Cf\rried out in a resporuible
mMlner. [617E·HJ
Prafa Toolr Corooration v. C. A. /manual & Ors. (19691 3 S.C.R. 773.
Jleav1 En;;inurtng Mazdoor Union v. Tl~ Stall! of BlluJr & Or!. [1969] 3 S.C.R.
995 and S. L. Agarwal v. G~norc/ Ma11.agtr, Hindr~.rtan Steel Ltd. [1970] 3 S.C.R.
363. referred to.
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ORIGINAL I URISDlCTIO:--J : \Vrit Petition No. 43 of 1972.
Petition under Art. 32 of the Constitution of India.
B. R. G. K. Acher, for the pelitioncr.
F. S. Narimnn, Additional Solicitor
General
of India and
Rameshwar Nath~ for respondents Nos. 2, 3 and 4.
The Judgment of the Court was delivered by
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_RAY, C.J.-In Writ Pd.ition No. 43 of 1972 the petitioner who_i.,
JUnmr stenographer in the
Council of Scientific
and lndustnal
Research .... ked f
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or~ or cr ucclannp; two lt:tters to l~ discnmu • .l v
t'nd vz~h~Jve CJf Article 14. The two Jetter~ rclat~ to recon.unen<hj
t>ns. 0. t le F'lllancc Sub Committee of the Council of Scientific an
l~d~:mu Resea~c}l with regard to remuneration of stenographers.
same ort, \he pctJtJOners allegations are that ho should be granted tbe
tntran~s~m :>er of advance increments as approved and granted to neW
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SABHAJIT TEWARY ·v. UNION ·(Ray, C.J.)
6 17
In order to entitle the petitioner to impeach the. ~ircular on the
ground of infraction of Article 14 and 16, the
~ettttoner
ha~ to
establi~h that the Council of Scientific and Industnal Research ts an
authod1y within the meaning of Article 12 of the Constitution.
The Council is a society registered under the Societies Registra-
tion Act. Reliance was placed by counsel fo~ the ~t!tioner on t?e~e
features of the society. Under Rule 3, the Pnme Mtmster of Ind1a IS
the ex-c:ffi.cio President of the Society. The Governing Body under
Rule 30 consists of inter alia some persons appointed by the Govern-
ment of India representing the administrative Ministry under which
the Council of Scientific and Industrit~l Research is included, and the
.Ministry of Finance and one or more member~~ appointed
by the
Government of India. The Government of India may terminate the
membership of any member or at one and the same time of all
members other than the ex-officio members of the Governing Body.
Rule 45 states that the Governing Body shall have the management
of all the affairs and funds of the Society. Rule 46 states that the
Governing Body shall have power, with the sanction of the Govern-
ment of lrldia to frame, amend or repeal bye-laws not inconsistent
with the rules for the administration and management of the affairs
of the Society and in particular to provide for the terms and tenure
. of appointments, emExcerpt shown. Read the full judgment & AI analysis in Lexace.