Pradeep Kumar Biswas vs Indian Institute of Chemical Biology
BENCH
(CJ) S.P Barucha, J. Syed Shah Muhammad Quadri, J. RC Lahoti, J. Santosh Hegde, J. Doraiswamy Raju, J. Ruma Pal, J. Arijit Pasayat FACTS
Pradeep Kumar along with others were employees and were fired by the Indian Institute of Chemical Biology, a unit under CSIR. A writ petition was filed before the Hon'ble Calcutta High Court which was dismissed. Aggrieved by the same a special leave petition under Article 136 was filed and presented before the Supreme Court.
ISSUES
Whether CSIR a state under Article 12 of the Indian Constitution?
LAWS INVOLVED
Article 12- The provision defines what is a state.
JUDGEMENT
The judgement was delivered in a 5:2 ratio overturning the Subhajit Tewari case, the judgement established that CSIR falls within the definition of 'other authorities' under article 12. The test of formation of the body, object and function of the body, management and control of the body, and financial source of the body were employed to establish that CSIR is a state and the cause of action arose against the state.
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