9911796707
TMI Blog1961 (7) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... service rules of the Council as might be enforced from time to time. The petitioner was to be on probation for a Period of six months. He was confirmed in service on or about 18th May, 1.960 with effect from 1st May, 1960. On the 1st November, 1960 he received a letter from the Secretary of the said Council, copy whereof is Annexure A-3 to the petition. It is stated in the letter that the petitioner's services were no longer required by the Council and would stand terminates with effect from 2nd November, 1960. He was to be paid ₹ 270/-, being one month's salary in lieu of a month's notice of termination of service. The petitioner made a representation against this order to the Secretary. He has, however, received the one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal, pharmaceutical and other allied products. There is no doubt that in many ways the Central Government exercises a degree of control. For example, under Article 7 of the Articles of Association, four officials are nominated by Government as members of the Council. The auditors may be appointed by the Central Government, whose remuneration shall be fixed by the Council with the concurrence of the Union Government. The, Articles provide for the appointment of a committee, and one of the functions of the committee is to control the staff of the Council, and to make, alter and repeal bye-laws which may be deemed necessary for the proper conduct and management of the Council, Article 27 provides that there should be a Secretary, and such othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion." The question then arises as to the meaning of the words 'other authority'. According to the dictionary meaning, 'authority' is a body exercising power or command. That would include a host of authorities, whether governmental or otherwise. It has, however, been held that in view of the fact that in enumerating the authorities the words 'other authorities' follow the words 'local authorities', the interpretation of the expression 'other authorities' should be based on the principle of ejusdem generis. Read in this light, it would refer to authorities of a like nature to the ones already enumerated. So interpreted, the expression 'other authorities' can only refer to public authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irectors were bound to give immediate effect to such directives. Even so, it was held that the company could not be said to be either a 'public body' or a 'public authority', and therefore an employee of such a company could not be called a 'civil servant', governed by Article 311 of the Constitution. This principle has been discussed in a decision of the Madras High Court--University of Madras v. Rajamannar C.J. said as follows: "The question is whether the University can be held to be 'local or other authority' as defined in Article 12. These words must be construed ejusdem generis, with Government or Legislature, and so construed can only mean authorities exercising governmental functions. They woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
