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1969 (3) TMI 87 - SC - Companies LawWhether a corporation is an agent of he State Held that:- The fact that a minister appoints the members or directors of a corporation and he is entitled to call for information, to give directions which are binding on the directors and to supervise over the conduct of the business of the corporation does not render the corporation an agent of the Government. Such an inference that the corporation is the agent of the Government may be drawn where it is performing in substance governmental and not commercial functions. The definition of the employer, on the contrary, suggests that an industry carried on by or under the authority of the Government means either the industry carried pn directly by a department of the Government, such as the Posts and Telegraphs or the Railways, or one carried on by such department through the instrumentality of an agent. The contention that the appropriate Government to make the aforesaid reference was the Central Government and not the State Government has no merit and cannot be sustained. The second contention that the questions referred to were regulated by the company's standing orders and an application for a modification of the said standing orders relating to those questions was actually pending before the certifying authority .under the Industrial Employment (Standing Orders) Act precluded a reference thereof under section 10 of the Act requires no discussion as it is covered by the decision in Management of Bangalore Woollen, Cotton and Silk Mills Co. Ltd. v. Workmen [1967 (9) TMI 140 - SUPREME COURT] and Management jf Shahdara (Delhi) Saharanpur Light Railway Co. Ltd. v. S.S. Railway Workers Union [1968 (9) TMI 115 - SUPREME COURT] . Appeal dismissed.
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