STATE OF WEST BENGAL & ANR. versus WEST BENGAL REGN. COPY WRITERS ASSN. & ANR.

Citation: [2009] 8 S.C.R. 334 · Decided: 08-05-2009 · Supreme Court of India · Bench: TARUN CHATTERJEE · Disposal: Appeal(s) allowed
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Judgment (excerpt)

(2009] 8 S.C.R. 334 
A 
STATE OF WEST BENGAL & ANR. 
v. 
WEST BENGAL REGN. COPY WRITERS ASSN. & ANR. 
(Civil Appeal No. 3414 of 2009) 
B 
MAY 8, "2009 
[TARUN CHATIERJEE AND V.S. SIRPURKAR, JJ.] 
" 
West Bengal Registration (Copywriters) Rules, 1999 -
Copywriters - Grant of license under the Rules - Status of 
c copywriters - Held: There is no master-servant relationship 
between copywriters and State Government- Copywriters are 
mere licensees - Grant of license does not amount to creating 
service - It cannot clothe them with the status of Government 
servant - They were not doing any government duty nor there 
)< 
D 
was absolute control over their working - They were not paid 
from public exchequer - Copywriters not on Government 
establishment under Rules formulated under Article 309 - On 
facts, High Court erred in directing creation of service and 
framing Rules as also providing nomenclature for such service 
E instead of directing absorption of copywriters as LDCs - It 
traveled beyond the scope of its jurisdiction - Thus, order of 
High Court set aside and that of tribunal. restored -
~ 
Constitution of India, 1950 - Article 309. 
F 
Constitution of India, 1950 - Article 226 - Writ petition -
High Court travelling much beyond the pleadings - High 
Court instead of directing absorption of copywriters as LDCs, 
directing to decide nomenclature of the post - Held: Not 
correct - Relief granted by High Court extraordinarily beyond 
its jurisdiction - Even in its plenary jurisdiction, while moulding 
G relief, there must be a plea to support the relief 
y 
Respondents-members of West Bengal Registration 
Copywriters' Association were licensees under the West 
Bengal Registration (Copywriters) Rules, 1982 as 
H 
334 
STATE OF WEST BENGAL v. WEST BENGAL REGN. 335 
COPY WRITERS ASSN. 
amended by Copywriters Rules, 1999. Under the license, A 
the members could prepare the true copies of the 
documents, compulsorily required to be filed alongwith 
the documents presented for registration, on receiving 
fees prescribed in the Rules. Respondents claimed 
absorbtion as regular employees in the cadre nf Lower B 
Division Clerk under the concerned authority as they 
were doing the identical work of preparing copies as 
done by LDCs. They prayed for injunction against the 
authority from appointing any person in the cadre of LDC 
unless all the members of the Association were c 
accommodated in that post of LDC; and also claimed 
parity with the "extra-muharrirs", whose services were 
regularised. Tribunal dismissed the applications. 
Respondents f1.led writ petitions. High Court held that 
there was relationship of master and servant between the 0 
State Government and the Copywriters appointed under 
the Rules and not that ofrlicensee or licensor, thus, were 
entitled to the relief clairrled. It observed that though they 
could not be absorbed as LDCs, State Government 
would decide the nomencla_ture of their post. Hence, the E 
present appeals. 
Allowing the appeals, the Court 
HELD: 1. (i) The original writ petitioners-Copywriters 
are mere licensees. 
F 
(ii) Though the West Bengal 
Registration 
(Copywriter~) Rules, 1999 have been formulated by 
the Government for awarding the licenses the Rules 
do not spell out an absolute control over the working 
of Copywriters. The Rules merely pertain to the grant G 
of licences and control of those licences, however, 
does not control the working and duties of the 
Copywriters. 
(iii) The Copywriters do not do any Government duty. H 
336 
SUPREME COURT REPORTS 
[2009] 8 S.C.R. 
A 
They are merely required to copy the deeds which 
are to be presented for registration. Though the filing 
of a fresh copy is necessary for registration, the 
making of that copy does not amount to a 
B 
Government duty. 
(iv) The Copywriters are not controlled in the matters 
of their attendance, working hours, leave, pension 
and output of work etc., by the Government. 
(v) The Copywriters are not on the establishment 
C 
under the Rules, more particularly the Rules 
formulated under Article 309 of the Constitution of 
India. 
D 
E 
F 
G 
H 
(vi) The Copywriters are not paid from the 
Government coffers. They are paid by the private 
parties who require those copies for Registr<1tion of 
the deeds. Therefore, there is no fiduciary 
relationship between the Government and the 
Copywriters nor is the government responsible for 
any such payment. 
(vii) The grant of licence for copywriting does not 
a
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