BRIJ MOHAN Vs. STATE

JUDGEMENT

(1.) This case concerns the Food Corporation of India (the Corporation). The Corporation was established by the Food Corporation Act 1864 (the Act). Section 45 of the Act empowers the Corporation to frame regulations. In exercise of this delegated power the Corporation framed the Staff Regulations in 1971.

(2.) These corporate bodies exercise functions of a legislative nature delegated to them by legislative bodies. In essence they are subordinate legislative bodies, but in truth, they are what Lord Maugham described in Rowell v. Pratt (1938) A.C. 101 (113) as domestic bodies which the legislature has thought fit in public interest to entrust with important statutory powers. The Food Corporation of India (Staff) Regulations 1971 have, therefore, the force of a statute, (See Kailash Nath v. State of U.P., AIR 1957 S.C. 790 (791).

(3.) S.C.Mehta, petitioner in this case, joined the service of the Government of India, Ministry of Food, as an Assistant Analyser in 1952. In 1965, after the Corporation was established by the Act of 1964, he came to the Corporation on deputation and continued to work here. In 1975 his services were transferred from the Central Government to the Corporation under Sec. 12A of the Act. A gazette notification dated 18.3.1975 was published transferring his services with effect from 1.3.1969 from the Government to the Corporation. So from 1.3.1969 the petitioner became a transferred employee of the Corporation. On 1.3.1969 he was working as Senior Assistant Manager (Quality Control) in the Corporation. On 6.6.1971 he was promoted in the Corporation as a Deputy Manager.