VidhiSangh

Supreme Court of India · 28/02/2019

RAMAKRISHNA MISSION & ANR. versus KAGO KUNYA & ORS.

[2019] 5 S.C.R. 452 · 2019 INSC 295

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Summary

The Court held that the Ramakrishna Mission and its hospital were not amenable to a writ concerning an employee’s retirement. On the facts, their voluntary medical services did not amount to discharge of a public duty, and the employment dispute had no public-law element. Grants, concessional land and general statutory regulation did not establish the necessary governmental character or control.

Issues

  1. Whether the Mission and hospital were subject to Article 226 in the employee’s service dispute.
  2. Whether their funding, medical services and regulation supplied the necessary public duty or State character.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 6 April 2018 set aside and writ petition dismissed. Pending applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 452.