K.C. Joshi vs The Union Of India & Ors.

Authority: Supreme Court Date: 1985-04-23 Section: 89, 21A Acts: Income Tax Act 1961, Constitution of India, Industrial Disputes Act 1947, Industrial Employment (Standing Orders) Act 1946, Oil and Natural Gas Commission (Conduct, Discipline and Appeal) Regulations 1964 Result: Assessee Citation: (1987) 61 CTR (SC) 10 : (1987) 163 ITR 597 (SC) Justices: D.A. Desai & Ranganath Misra, JJ. Appeal No: Civil Appeal No. 3187 of 1982
Whether termination of service of an employee of a public sector undertaking (ONGC) was arbitrary and violative of Articles 14 and 16 of the Constitution, and whether the employee is entitled to relief under Section 89 of the Income Tax Act for arrears of salary and compensation paid in lump sum --- Held Yes. Whether the ONGC is an instrumentality of the State under Article 12 --- Held Yes.

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