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april 1989

Supreme Court of India · 1989-04-21

ANANDI MUKTA SADGURU SHREE MUKTA JEEVANDASSWAMI SUVARNA JAY vs V.R. RUDANI & ORS.

Citation / case number
SC 1979/62699
Court
Supreme Court of India
Petitioner
ANANDI MUKTA SADGURU SHREE MUKTA JEEVANDASSWAMI SUVARNA JAY
Respondent
V.R. RUDANI & ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that under Article 226 of the Constitution of India, a writ of mandamus can be issued to enforce payment of dues to employees by a private trust managing a college, as the management is primarily responsible for salary payments. The Court clarified that the affiliation status of the college does not exempt it from obligations under Ordinance 120E, which mandates closure compensation. The Court dismissed the appeals, affirming that the management cannot defer payments based on potential government reimbursement and that the nature of the trust does not preclude the issuance of mandamus when no other remedy is available.

ANANDI MUKTA SADGURU SHREE MUKTA JEEVANDASSWAMI SUVARNA JAY vs V.R. RUDANI & ORS. · Niyam