BISHAN DASS Vs. WALAITI LAL BHAMBRI AND ANR.

JUDGEMENT

(1.) IN 1953 -54, elections were held to elect members of the Municipal Committee, Pathankot. Amongst others Madan Lal Mohindru and Walaiti Lal Bhambri, were elected memberS. At the time of elections these two persons were in the employment of the same or different Life Insurance CompanieS. On 1st July, 1956, Life Insurance Corporation Act (Act 31 of 1956) came into force and both these members continued in the same service. Bishan Dass, a resident and voter of the Pathankot Municipal area, has filed these two petitions (Civil Writ No. 1009 of 1959 and Civil Writ No. 1010 of 1959) under Article 226 of the Constitution for issue of a writ of quo warranto to these members to show the authority by which they are continuing to be functioning as members of this Municipal Committee and for issue of a writ of mandamus directing the State Government to remove them from this membership. The Petitioner's case is that these members since 1st July, 1956, are holding office of profit under the Government of India and have thus become disqualified to continue to function as members of the Municipal Committee and further that they are liable to be removed under Section 16(1)(f) of the Punjab Municipal Act, 1911.

(2.) THESE petitions are contested by the members interested and the Punjab State. The Respondents' case is that these members are employees of the Life Insurance Corporation which is an independent legal entity distinct from the Government of India, and, therefore, are not disqualified to continue as members of the Municipal Committee. It is not disputed by the Respondents that if these members are held to be employed by the Government of India, then they are disqualified and are liable to be removed.

(3.) TO succeed in his contention the Petitioner must show that the Respondent -employees are directly in service of the Government of India and failing in that he must show that they must be deemed to be so because the Life Insurance Corporation is merely an agent or a department of the Government of India. It was not contended before me that the Respondent -employees had been employed by the Government of India by any agreement. It was also not contended, and very properly, that the Respondents were employed by the Government of India by virtue of any provision of the Life Insurance Corporation Act. Section 11 of the Life Insurance Corporation Act specifically lays down that persons in the position of the Respondents would be employees of the Life Insurance Corporation.