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TMI Blog2000 (11) TMI 1240X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 15(2) of the Payment of Wages Act claiming wages for holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and other Holidays) Act, 1974 (hereinafter referred to as the said Act). This claim was contested by the Appellant. The Appellant pointed out that under the said Act only 7 days holiday were to be given, whereas they had already granted 15 days holiday. The Appellant also contended that by virtue of Section 11(1)(c) of the said Act the provisions of the said Act were not applicable to them. The Appropriate Authority did not accept the contentions of the Appellant and directed them to make payment for the work done by the Respondents on holidays declared under the said Act. The Appeals filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 11(1)(c). It is seen from the judgment that the learned Judge examined the Memorandum and the Articles of Association of this company (H.M.T.) and held: "These articles are signed by the President of India and other officers of the Government who are described as Subscribers. These articles establish that the undertaking is under the deep and pervasive control of the Government." Hence, it is not correct to state that he rested his conclusion solely on the ground that the company was treated as a State for the purpose of Article 12 of the Constitution of India, Hence I am not persuaded to accept that any institution which is treated as a State within the meaning of Article 12, must be deemed to be under the control of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on facts. It must be mentioned that, as is pointed out hereinafter, even on facts the conclusion of the Learned Judge is unsustainable. At this stage it must be mentioned that Mr. Nageshwar Rao has very fairly stated that the Appellant Corporation do not want to and will not recover the amounts paid to the employees by virtue of the orders passed. He submits that the Appellants merely want the correct position in law established. We accept this statement and proceed to decide these Appeals. The Appellant had been established under Section 3 of the Road Transport Corporation Act. Section 3 empowers the State Government to establish a Road Transport Corporation so that (a) advantages can be offered to the public, trade and industry by deve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 35 the Corporation has to furnish returns, statistics, accounts and other information to the State Government. Under Section 36 the State Government has the power to make such inquiries as it choose and if on the inquiries it was felt necessary, then by virtue of Section 37, the State Government may authorise any person to take over the Corporation and administer it. Section 38 also gives to the State Government a power to supersede the Corporation. All these provisions clearly show that the State Government has absolute control over the Appellant Corporation. The words used in Section 11(1)(c) of the said Act are "any factory or establishment under the control of the Central or any State Government" In Article 12 of the Constit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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