SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 5703 OF 2023

Process Id: 446/2023

OFFICE REPORT

The Hon'ble Court, on 20th March, 2023, was pleased to pass the following order:

" Delay condoned. 

 The petitioner, who is a terminated employee of Gems & Jewellery Export Promotion Council (respondent No. 2), is before this Court challenging the view taken by the Delhi High Court whereby it was held that the writ petition was not maintainable as the respondent’s council is not a state, within the meaning of Article 12 of the Constitution. 

Assailing the said finding, Mr. Anoop George Chaudhary, the learned senior counsel would advert to the decision of the Calcutta High Court in Sunirmal Kumar Roy v. Union of India & Ors., 2007 SCC OnLine Cal 272 to project that for the Chemical & Allied Products Export Promotion Council operating under the Ministry of Commerce and Industry, it was held to be a state amenable to writ court jurisdiction. 

 It is further submitted that the Chemical & Allied Products Export Promotion Council along with the Gems & Jewellery Export Promotion Council (respondent No. 2) are both categorised as Export Promotion Council at Sl. Nos. 2 and 6 respectively. 

 Accordingly, it is argued that since the other council which is similar in every respect having been declared to be a State by the Calcutta High Court and although the Single Judge of the Delhi High Court noted the said contention, a contrary view is taken whereby the writ petition is found to be non-maintainable on the grievance of the employee of the Gems & Jewellery Export Promotion Council (respondent No. 2). 

 Issue notice, returnable in four weeks. "

It is submitted that pursuant to the order quoted above Show cause notice was issued to both the respondents through registered A.D. Mr. Aman Raj Gandhi, Advocate has on 5.4.2023 e-filed vakalatnama/appearance on behalf of respondent no. 2 but he has not filed Counter Affidavit on their behalf so far. As per India post tracking report notice has been delivered to respondent no. 1 but no one has entered appearance on their behalf so far.

Service is complete through India post tracking.

The Petition above-mentioned is listed before the Court of Ld. Registrar with this Office Report.

Dated : April 18, 2023

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