Y P GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) It is generally assumed that there is greater constitutional and legal assurance of fair treatment and security of tenure in the sphere of public employment than in private employment (except for "workman" under labour legislation). Employment under Government is par excellence, public. Article 12 of the Constitution, however, offers the protection of fundamental rights against the state which includes not only the Government but also Legislatures, local authorities and "other- authorities". Under Article 226 of the Constitution, writ petitions are maintainable not only against the Government but also against an "authority" for the enforcement of fundamental rights or any other purposes, i.e. enforcement of other rights.

(2.) The tendency of the modern State (particularly in India) to regulate by or under legislation more and more activities gives a public character to these regulatory agencies. Questions have increasingly arisen as to what extent and for what purposes the employees of these new public bodies are entitled to the protection of Articles 14 and 16 of the Constitution, of the rules of natural justice and other reliefs which can be obtained in a writ petition.

(3.) The Indian Council of Agricultural Research (I.C.A.R.) and the Indian Agricultural Research Institute (I.A.R.I. managed by it have in their employment a large staff including highly qualified scientists. The I.C.A.R. and the I.A.R.I. are in general sense public bodies. Their employees are, therefore, in public and not in private employment. The question, the consideration of which necessitated this refereance to a large Bench, is whether these employees have any constitutional or legal rights analogous to those of Government servants. The answer to this question would depend upon the status of these bodies which are their employers vis-a-vis Articles 12 and 226 of the Constitution and the extent to which the employment relationship is governed by the statute or statutory rules.