KALYAN KUMAR DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Who is superior? An elected representative of a body corporate or a paid employee engaged by the body. Answer of this question would play a key role in resolving the controversy germane in this writ petition.

(2.) Respondent No. 2 is a body incorporated under Section 25 of the Companies Act, 1956. Primary object of the respondent no. 2 is to assist And promote engineering export abroad. The members of the respondent no 2 are exporters doing their business within the country for exporting their products abroad. Under the Articles of Association for a prescribed term members elect their representative to the board which is called council. Head of the council is Chairman and under clause 22 he is the person primarily responsible for the affairs the council. There are various Committees set up for the purpose of smooth administration of the council. Those committees are constituted from amongst the members. Apart from the members as well as the elected representatives to run day to day affairs of the council there are employees engaged by the council. Those employees are paid month by month their salaries and other perquisites out of the resources of the council and their services are regulated by the council through relevant rules prescribed therefor.

(3.) Although the council is an autonomous organization of the exporters they play a key role in having promotion of the exports including various subsidy schemes, propounded by the Union of India through Ministry of Commerce. Central Government has various schemes for promotion of export so that the country can earn foreign exchange through engineering export and those schemes are available to the exporters through the instrumentality of the council. In other words, the council has been set up at the instance of the Central Government and the Central Government has its control in running the said council.