G.S.I.C KARMACHARI UNION AND ORS. versus GUJARAT SMALL INDUSTRIES CORPORATION AND ORS.

G.S.I.C KARMACHARI UNION AND ORS. versus GUJARAT SMALL INDUSTRIES CORPORATION AND ORS.

The respondent-Corporation was justified in operating the reservation roster prospectively from April 30, 1984 and not from January 1, 1976, in view of the later government decision accepting prospective implementation, and the challenged retrospective resolution was not justified.

Parties
Petitioners: G.S.I.C. Karmachari Union and Others; Respondents: Gujarat Small Industries Corporation and Others
Jurisdiction
India
Judgment Date
12 December 1996
Procedural Posture
Writ Petition (c) No. 986 of 1989 Under Article 32 of the Constitution of India / Final Order/disposal
Outcome
Petition disposed of.
Legal Topics
Reservation in Promotion, Scheduled Castes and Scheduled Tribes, Retrospectivity of Reservation, Rosters in Public Employment
Constitutional Law Service Law Reservation in Promotion Scheduled Castes and Scheduled Tribes Retrospectivity of Reservation Rosters in Public Employment

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Parties

G.S.I.C. Karmachari Union and Others

Petitioners

Gujarat Small Industries Corporation and Others

Respondents

Procedural Posture

Writ Petition (c) No. 986 of 1989 Under Article 32 of the Constitution of India / Final Order/disposal

Legal Issues

  1. 1 Whether the retrospective implementation of the reservation roster and promotion policy for Scheduled Castes and Scheduled Tribes by the respondent-Corporation is valid.
  2. 2 From what date should the reservation roster system be given effect by the Corporation?

Ratio Decidendi

The respondent-Corporation was justified in operating the reservation roster prospectively from April 30, 1984 and not from January 1, 1976, in view of the later government decision accepting prospective implementation, and the challenged retrospective resolution was not justified.

Court Disposition

Petition disposed of.

Orders

  • The Corporation shall keep operating the roster with effect from April 30, 1984 and onwards.
  • Promotions already made to SC/ST officers while the petition was pending are sustained.