Vs.
EmailAppeal:
Petitioner:
Respondent:
Apeal:
Judges: SUJATA V. MANOHAR & K. VENKATASWAMI, JJ.
Date of Judgment: Jan 04, 1999
Head Note:
Constitution
Article 191 (1)(a) with Representation of People Act, 1951 – Section 10 – Disqualifications – “Office of profit” – Connotation – Khalashi of level III and Meter Reader of Level VII posts in Bokaro Steel Plant – If holders of “office of profit” under Central Govt. Held that Section 10 of R.P. Act applies to holders of profit in company under control of Govt. Holders of post of Khalasi and Meter Reader are not under control of Central Govt. Case law discussed.
Article 191 (1)(a) with Representation of People Act, 1951 – Section 10 – Disqualifications – “Office of profit” – Connotation – Khalashi of level III and Meter Reader of Level VII posts in Bokaro Steel Plant – If holders of “office of profit” under Central Govt. Held that Section 10 of R.P. Act applies to holders of profit in company under control of Govt. Holders of post of Khalasi and Meter Reader are not under control of Central Govt. Case law discussed.
Held:
The Disqualification laid down under Article 191(1)(a) of the Constitution is not intended to apply to the holder of an office of profit of a company under the control of the Government. It is Section 10 of the Representation of People Act, 1951, which deals with the holding of an office of profit in a company in the capital of which the Government has not less than 25% shares.(Para 10)
The appointment and removal of workers in Bokaro Steel Plant is under the control of the Steel Authority of India Ltd. Their remuneration is also determined by the Steel Authority of India Ltd. The functions discharged by the Steel Authority of India Ltd. or by the Bokaro Steel Plant cannot be considered as essential functions of the Government.(Para 15)
JUDGEMENT:
