SARVA SHRAMIK SANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the present writ petition under Article 226 of the Constitution of India, the petitioners are praying for directions to the respondent No. 4 that respondent No. 4 should pay bonus to its employees as per the circulars issued by Government of India from time to time.

(2.) THE respondent No. 4 has filed affidavit in reply dated 22-10-1997 stating therein that the respondent No. 4 is not a State or instrumentality or agency of the State within the meaning of Article 12 of the Constitution of India. The respondent No. 4 has, thus, raised issue of maintainability of this writ petition.

(3.) HEARD Mr. Dharap, advocate for the petitioners and Mr. Rele, advocate for the respondent No. 4. By placing reliance upon decision of the Apex Court in (Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and others v. V. R. Rudani and others)reported in 1989 (2) Supreme Court Cases 691, it is contended that the respondent No. 4 is a State instrumentality or agency of the State within the meaning of Article 12 of the Constitution of India. Submission is made that in view of Rule 32 (a) of the Rules, the Central Government has full control over the management of the respondent No. 4 and/or management of the respondent No. 4 rests with the Central Government. It is further submitted that the respondent is substantially funded by the Central Government. Hence it is instrumentality or agency of the State. The petitioners further submitted that as the respondent No. 4 is discharging public duties, this Court can issue writ/direction against the respondent No. 4 as prayed for.