GRIH KALYAN KENDRA WORKERS UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Art. 32 of the Constitution of India, filed by the petitioner Union on behalf of the employees of the Grih Kalyan Kendra for a declaration that the Grih Kalyan Kendra wherein the workers are employed is 'State' within the meaning of Art. 12 of the Constitution and for the issuance of a writ of mandamus directing the Union of India and the respondents to pay regular pay scales in parity with other employees performing similar work under the Union of India like New Delhi Municipal Committee and other Departments of Delhi Administration.

(2.) GRIH Kalyan Kendra is a society registered under the Societies Registration Act 1860. Its objectives as set out in the Memorandum of Association are as follows:

(3.) SHRI Govind Mukhoty learned Counsel for the petitioner contended that though the Grih Kalyan Kendras are managed by the Board as contemplated by the Rules of the Registered Societies, the Union of India have the pervasive control over its functions, it is an instrumentality and agency of the Union Government and therefore it is a State within the meaning of Article 12 of the Constitution. He placed reliance on decisions of this Court in Ramana Dayaram Shetty v. International Airport Authority of India, (1979) 3 SCC 489: (AIR 1979 SC 1628); P. K. Ramachandra lyer v. Union of India, (1984) 2 SCC 141 : (AIR 1984 SC 541); B. S. Minhas v. Indian Statistical Institute, (1983) 4 SCC 582 : (AIR 1984 SC 363); Bihar State Harijan Kalyan Parishad v. Union of India, (1985) 2 SCC 644: (AIR 1985 SC 983); Surya Narain Yadav v. Bihar State Electricity Board, (1985) 3 SCC 38 : (AIR 1985 SC 941). We do not think it necessary to consider this question in detail as in our opinion given on an assumption that the Grih Kalyan Kendra is an instrumentality of a State within the meaning of Article 12 of the Constitution and the petitioners are entitled to enforce their fundamental rights against it, it is difficult to uphold this contention that the respondents have violated any of the fundamental rights of the petitioners. We accordingly proceed on the assumption that the Grih Kalyan Kendra is a State for the purposes of Chapter IV of the Constitution and consequently this petition under Article 32 of the Constitution is maintainable and the petitioners are entitled to invoke the jurisdiction of this Court for the enforcement of their fundamental right founded on the principle of equal pay for equal work.