Bhagabati Prosad Banerjee, J. - (1.) In this appeal, we have been called upon to decide the question whether the imposition of terms and conditions of service violating the provisions of the Industrial Disputes Act, 1947 by a company which is wholly and fully owned and controlled by the State Government comes under the public law domain or private law domain.
(2.) The facts are not in dispute. The Mayurakshi Cotton Mills Ltd, was purchased by the Government of West Bengal in a court auction sale in a liquidation proceedings of the company. After the purchase of the company, a notification was issued on January 4, 1990 constituting a committee of Management. The said notification reads as follows:- "Consequent upon the purchase of the assets of Mayurakshi Cotton Mills Ltd., by the Government of West Bengal, the Governor is pleased, pending the formation of a new company, to constitute a Committee of Management with the following members"
(3.) The said company started functioning on and from February, 1990 with 601 employees of the erstwhile Management which was taken back in a phased manner. The said 601 employees/workmen were allowed to join in the respective posts which they were holding prior to winding up of the erstwhile company.;