Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1980

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.

SOM PRAKASH REKHI vs UNION OF INDIA & ANR. · Niyam