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april 1986

Supreme Court of India · 1986-04-06

CENTRAL INLAND WATER TRANSPORTCORPORATION LTD. & ANR. ETC. vs BROJO NATH GANGULY & ANR.

Citation / case number
SC 1985/66993
Court
Supreme Court of India
Petitioner
CENTRAL INLAND WATER TRANSPORTCORPORATION LTD. & ANR. ETC.
Respondent
BROJO NATH GANGULY & ANR.
Author
D.P. MADON
Bench
D.P. MADON

Judgment text excerpt

The Supreme Court held that a Government company, as defined under Section 617 of the Companies Act, 1956, qualifies as 'the State' under Article 12 of the Constitution of India. It established that unconscionable terms in employment contracts are void under Section 23 of the Indian Contract Act, 1872, particularly when they infringe Article 14, ensuring equality before the law. The Court ruled that provisions in the Central Inland Water Transport Corporation's service rules that are discriminatory violate Article 14 and are void under Section 16 of the Contract Act.

CENTRAL INLAND WATER TRANSPORTCORPORATION LTD. & ANR. ETC. vs BROJO NATH GANGULY & ANR. · Niyam