MOHAMMAD SADIQ AND ORS. versus STATE OF UTTAR PRADESH AND ORS.

MOHAMMAD SADIQ AND ORS. versus STATE OF UTTAR PRADESH AND ORS.

The Absorption Rules apply only to bodies corporate established or constituted by or under any Uttar Pradesh Act. IERT, being registered under the Central Societies Registration Act and not established by any Uttar Pradesh Act, is not a 'public corporation' or an instrumentality of the State under these Rules. Hence, retrenched employees of IERT are not entitled to absorption under these rules.

Parties
Appellants: Mohammad Sadiq and Others; Respondents: State of Uttar Pradesh and Others
Jurisdiction
India
Judgment Date
21 September 2007
Procedural Posture
Civil Appeal / Appeal From Division Bench of Allahabad High Court
Outcome
Appeals dismissed
Legal Topics
Absorption of Retrenched Employees, Instrumentality of State, Applicability of Government Rules to Societies
Labour Law Administrative Law Absorption of Retrenched Employees Instrumentality of State Applicability of Government Rules to Societies

Case Brief

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Parties

Mohammad Sadiq and Others

Appellants

State of Uttar Pradesh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench of Allahabad High Court

Legal Issues

  1. 1 Whether the Institute of Engineering and Rural Technology (IERT) is an instrumentality of the State
  2. 2 Whether the Uttar Pradesh Absorption of Retrenched Employees of Government/Corporations in Government Service Rules, 1991 apply to IERT and its employees
  3. 3 Whether after receiving compensation, retrenched employees can question the closure

Ratio Decidendi

The Absorption Rules apply only to bodies corporate established or constituted by or under any Uttar Pradesh Act. IERT, being registered under the Central Societies Registration Act and not established by any Uttar Pradesh Act, is not a 'public corporation' or an instrumentality of the State under these Rules. Hence, retrenched employees of IERT are not entitled to absorption under these rules.

Court Disposition

Appeals dismissed

Orders

  • No interference with impugned judgment of High Court
  • No order as to costs