SOM PRAKASH REKHI versus UNION OF INDIA & ANR.

SOM PRAKASH REKHI versus UNION OF INDIA & ANR.

Bharat Petroleum Corporation is 'State' within Article 12; writ under Article 32 lies; statutory pension rights cannot be reduced by reason of provident fund or gratuity payments; statutory provisions override any contractual or trust deed authorizations for deduction.

Parties
Petitioner: SOM PRAKASH REKHI; Respondent: Union of India; Respondent: Bharat Petroleum Corporation Ltd.
Jurisdiction
India
Judgment Date
13 November 1980
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petition allowed
Legal Topics
Definition of 'state' Under Article 12, Pension Rights, Statutory Corporations, Welfare Benefits
Constitutional Law Labour and Employment Law Definition of 'state' Under Article 12 Pension Rights Statutory Corporations Welfare Benefits

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Parties

SOM PRAKASH REKHI

Petitioner

Union of India

Respondent

Bharat Petroleum Corporation Ltd.

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether Bharat Petroleum is 'State' under Article 12 of the Constitution
  2. 2 Whether writ lies against Bharat Petroleum under Article 32
  3. 3 Whether pension can be reduced due to provident fund or gratuity payments

Ratio Decidendi

Bharat Petroleum Corporation is 'State' within Article 12; writ under Article 32 lies; statutory pension rights cannot be reduced by reason of provident fund or gratuity payments; statutory provisions override any contractual or trust deed authorizations for deduction.

Court Disposition

Petition allowed

Orders

  • Petitioner is entitled to his full pension of Rs. 165.99 per month.
  • Second respondent to consider supplementary pensionary benefit on merits upon representation by petitioner.