STAFF WELFARE ASSOCIATION Vs. CHAIRMAN TRTC

JUDGEMENT

(1.) The writ petition claims relief against respondent No. 1. Respondent No. 1 is Tool Room & Training Centre. A perusal of 'Annexure P-4' would reveal that said respondent is a result of an agreement between Government of India and Government of Denmark to establish a Tool Room & Training Centre at Delhi. The agreement envisages that the respondent would be a society registered under the Societies Registration Act, 1860.

(2.) In the year 1981, a writ petition being CWNo. 235471981 G. Chandrasekharan v. Tool Room & Training Centre was filed by an employee pertaining to his removal from service. A preliminary objection was raised by the respondents that it was not a "State" within the meaning of Article 12 of the Constitution of India. Issue was deliberated by a learned single Judge of this Court. Vide Judgment and order dated July 8, 1982, it was held that respondent No. 2 is not a "State" within the meaning of Article 12 of the Constitution of India and hence would not be amenable to the writ jurisdiction of this Court pertaining to a dispute predicated on a service condition of its employees. The said decision is reported as 1982 FLR 200.

(3.) While deciding the said view, learned single Judge of this Court applied the six guidelines formulated by the Supreme Court in its decision Ajay Hasia v. Khalid Mujib & Ors. reported as AIR 1981 SC 487 : 1981 (1) SCC 722 : 1981-I-LLJ-103. Applying the tests as laid down in Ajay Hasia's case, the learned single Judge held as under :