STATE OF MAHARASHTRA Vs. CZECHOSLOVAK AIRLINES

JUDGEMENT

(1.) THIS Revision Application raises a question of International Law, regarding the scope and extent in India, of the application of the principle of sovereign immunity.

(2.) THE State of Maharashtra, represented by Labour Enforcement Officer (Central) -I, Government of India, Department of Labour and Employment, Bombay, filed a complaint against M/s. Czechoslovak Airlines, as accused No. 1 and its General Manager, Mr. M. Vopravil, as accused No. 2, under Rule 21 of the Payment of Wages. (Air Transport Services) Rules, 1968, for non -maintenance of Muster Roll at the Establishment and Wages Register at the Establishment, as required by the Rules. Even before service of the summons, the accused No. 2 appeared before the learned Chief Metropolitan Magistrate, taking cognizance of the complaint and gave an application asserting that Czechoslovak Airlines is a State owned enterprise of the sovereign State of Czechoslovakia, the Government of Czechoslovak enjoyed full and complete immunity of exemption from the jurisdiction of the municipal Courts of this country and therefore the order for issuing of summons against the accused No. 2 be set aside.

(3.) THIS claim for complete immunity or exemption on the basis of the accused being a department or a part of the Government of Czechoslovakia, was opposed by the prosecution. It was contended that the Airlines is a commercial concern and the General Manager of that concern was the employer within the definition of Rule 2(1) of the Payment of Wages (Air Transport Services) Rules, 1968, so that the immunity from the process of municipal Courts was not available.