SHIPYARD TECHNICAL STAFF ASSN Vs. MAZGAON DOCKS LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and order of Lentin J. dated 22nd July, 1981 dismissing the appellants' writ petition with no order as to costs. The learned Judge held that Mazgaon Docks Ltd., 1st respondent, was not "the State" within the meaning of Article 12 of the Constitution of India. He also held that, in any event, there was no merit in the challenge to the constitutional validity of some of the rules in the Mazgaon Docks Officers (Conduct, Discipline and Appeal) Rules, 1977.

(2.) Article 12 of the Constitution states, in the context of Part III of the Constitution, that "the State" includes "other authorities under the control of the Government of India."

(3.) The Supreme Court has delivered a series of judgments dealing with the concept of "the State" under Article 12. These judgments are reviewed in the judgment in Central Inland Water Transport Corporation Ltd. v. Brojo Nath Gangually, (1986-II-LLJ-171). This judgment reaffirms the tests in this behalf laid down in the judgment in Ajay Hasia v. Khalid Mujib Sehrawardi (1981-I-LLJ-103) thus at pp. 112-113 :