K.C. JOSHI versus UNION OF INDIA AND ORS.

K.C. JOSHI versus UNION OF INDIA AND ORS.

ONGC is an instrumentality of the State and amenable to writ jurisdiction. The appellant's termination was arbitrary, not in accordance with principles of natural justice or Articles 14 and 16, and hence illegal. He is entitled to compensation in lieu of reinstatement and relief under Section 89 of the Income Tax Act.

Parties
Appellant: K.C. Joshi; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
23 April 1985
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 22.1.1974 of the Allahabad High Court in C.m.p. No. 1395 of 1968
Outcome
Appeal allowed. Judgment of High Court quashed and set aside. Rule made absolute in the writ petition.
Legal Topics
State Instrumentality Under Article 12, Termination of Employment, Principles of Natural Justice, Equality in Public Employment, Income Tax Relief on Back Wages
Constitutional Law Labour Law Tax Law State Instrumentality Under Article 12 Termination of Employment Principles of Natural Justice Equality in Public Employment Income Tax Relief on Back Wages

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Parties

K.C. Joshi

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 22.1.1974 of the Allahabad High Court in C.m.p. No. 1395 of 1968

Legal Issues

  1. 1 Whether Oil and Natural Gas Commission is an instrumentality of the State under Article 12 and amenable to writ jurisdiction.
  2. 2 Whether the termination of the appellant's service was arbitrary, violative of Article 14 and 16, or of principles of natural justice.
  3. 3 Whether the employee was entitled to back wages, compensation, and relief under Section 89 of the Income Tax Act.

Ratio Decidendi

ONGC is an instrumentality of the State and amenable to writ jurisdiction. The appellant's termination was arbitrary, not in accordance with principles of natural justice or Articles 14 and 16, and hence illegal. He is entitled to compensation in lieu of reinstatement and relief under Section 89 of the Income Tax Act.

Court Disposition

Appeal allowed. Judgment of High Court quashed and set aside. Rule made absolute in the writ petition.

Orders

  • Oil and Natural Gas Commission to pay Rs. 2 lakhs to the appellant in lieu of back wages and compensation within four weeks.
  • Appellant entitled to relief under Section 89, Income Tax Act, 1961 read with Rule 21A of the Income Tax Rules.