Supreme Court of India · 1980-11-13
SOM PRAKASH REKHI vs UNION OF INDIA & ANR.
- Citation / case number
- SC 1977/61629
- Court
- Supreme Court of India
- Petitioner
- SOM PRAKASH REKHI
- Respondent
- UNION OF INDIA & ANR.
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that Bharat Petroleum is considered 'State' under Article 12 of the Constitution, allowing for a writ to be issued against it under Article 32. The Court emphasized that any authority under the control of the Government of India qualifies as 'State', and since the Central Government vested the Burmah Shell's assets in Bharat Petroleum, it operates as an extension of the government. Consequently, the petitioner is entitled to receive the full pension as per the trust deed, despite deductions made by the employer.