this that in the aforesaid Australian case the distinction between sovereign and non-sovereign functions was categorised as regal and non-regal. In some cases ... between sovereign and non sovereign power has largely disappeared.
13. The aforesaid shows that if we were to extend the concept of sovereign function
through private placement agencies is not
only abrogation or delegation of sovereign function of the State but in
the absence of any experience with ... placement
agencies. In the submission of the petitioners, the sovereign
function is discharged by the State Government while providing
right to education and such
urged that
the Government and its Departments while exercising its `sovereign
functions' have been excluded from the definition of `industry'. On the
question ... what is sovereign function', there is no unanimity in the
different opinions expressed by the judges in the Bangalore Water case. It
is submitted
doing sovereign function before the CGIT and in any case the function being discharged by the petitioner cannot be treated as sovereign function.
6. Obviously ... sovereign function and, therefore, it would qualify for exemption. However, the function being discharged by the petitioner cannot be treated as sovereign function which would
Bangalore water supply, case. Observed
that "the dichotomy of sovereign and non-sovereign function
does not really exit - it would all depend ... three
functions there may be some others functions also regarding
which a view could be taken that the same too is a sovereign
function
same is that the dichotomy of sovereign and
non-sovereign functions does not really exist - it would all
depend on the nature of the power ... between sovereign and
non-sovereign powers has largely disappeared.
The aforesaid shows that if we were to extend the
concept of sovereign function to include
justice would be essential sovereign functions properly so called and all other functions should be treated as non-sovereign. The learned Senior Advocate further argued ... cited to point out that the dichotomy of sovereign and non-sovereign functions of the State did not really exist and whether a particular function
benefit by the status.
(b) Notwithstanding the previous clauses, sovereign functions, strictly understood (alone) qualify for exemption, not the welfare activities or economic adventures undertaken ... sovereign functions of the State cannot be included although what such functions are has been aptly termed 'the primary and inalienable functions
Panchayat. Since these relief works were stated in discharge of the sovereign function of the State, the respondents contend that such works cannot be termed ... Government and executed by the District Panchayat in discharge of the sovereign function of the State cannot, therefor, come within the meaning of 'industry
Industrial Disputes Act, 1947 as the State was merely performing its sovereign function as distinguished from a commercial adventure.
3. The Division Bench consisting ... famine, earthquake, epidemic, flood, scarcity, etc.) is not discharge of a sovereign function or inalienable duty of the State, yet, whether relief undertakings would
