Mansi Agrawal, School of Law, Bennett University
This is a case comment dealing with jurisprudence over removal of an employee working under an institution which is governed by a legislative statute. The court delas with questions of law under Article 14 and 16 of Constitution of India.
FACTS
An employee, Bhagat Ram Singh Raghuvanshi had been removed from his services by a corporation which followed the regulations given under Oil and Natural Gas Commission Act, 1959; the Industrial Finance Corporation Act, 1948; and the Life Insurance Corporation Act, 1956. Bhagat Ram filed a civil appeal under High court2 to ask for a relief and possibly get his service back. The High court declared that removing of Bhagat Ram Singh from service was null and void and that he be given his job back. The High court granted a writ of mandamus as it was declared that the corporation acted as a state function and hence is a state3.
In 19724, the High court in appeal no. 1879 declared that the rules and regulations which were laid down by the corporation had no force of law and that the corporation should not be permitted to enforce the regulations mentioned in Clauses (1) & (4) of Regulation 25.
