nature of functional is sovereign functions in the sense the functions which are primary and inalienable functions of the State, they are necessarily excluded from ... same is that the dichotomy of sovereign, and non-sovereign function does not really exist, it would all depend on the nature of the power
workmen" by definition may not benefit by the status.
Sovereign functions, strictly understood, (alone) qualify for exemption, not the welfare activities or economic adventures ... undertaken by Government or statutory bodies.
Even in departments discharging sovereign functions, if there are units which are industries and they are substantially severable, then
this court has held that the scarcity work is the sovereign function of the State and, therefore, provisions of the Industrial Disputes ... Board is not having power to function any sovereign function. The powers to function any sovereign function are enjoyed only by the State of Gujarat
same is that the dichotomy of sovereign and non-sovereign functions does not really exist, it would all depend on the nature of power ... between sovereign and non-sovereign powers has largely disappeared.
13. The aforesaid shows that if we were to extend the concept of sovereign function
Nursery Division of Forest Department is not enjoying the status of sovereign function. There is no evidence led by petitioner before the Labour Court ... prove the fact that Nursery Division is sovereign function of State. Even witness of petitioner has not said about sovereign function. Nursery Division is maintaining
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 ... sovereign and
non-sovereign powers has largely disappeared."
"13.
The aforesaid shows that if we were to extend the concept of
sovereign function
contentions before this Court. The first contention is the Panchayat is sovereign function of the State, and therefore, Industrial Disputes Act is not applicable ... contentions only. So far the first contention is the Panchayat is sovereign function of the State, and therefore, Industrial Disputes Act is not applicable
industry and rather it is a part of the sovereign function. To find out whether the Respondent in the writ petition had made any assertion ... Petitioner before Labour Court to prove that the Petitioner is performing sovereign function of the State. Function of workman was clear that he was discharging
Their Lordships observed as under :-
Sovereign
functions strictly understood alone qualify for exemption, not the
welfare activities or economic adventures undertaken by Government or
statutory ... bodies.
Even
in department discharging sovereign functions if there are units
which are industries and they are substantially severable then they
can be considered
same is that the dichotomy of sovereign and non-sovereign functions does not really exist, it would all depend on the nature of power ... this case, one of the tests to determine whether the executive function is sovereign in nature is to find out whether the State is answerable
