DISTT. MANAGER, APSRTC, VIJAYAWADA versus K. SIVAJI AND ORS.

DISTT. MANAGER, APSRTC, VIJAYAWADA versus K. SIVAJI AND ORS.

The Road Transport Corporation, established under Section 3 of the Road Transport Corporation Act, 1950, is under the control of the State Government. Therefore, by virtue of Section 11(1)(c) of the Andhra Pradesh Factories and Establishment (National Festival and Other Holidays) Act, 1974, the provisions of the Act do not apply to such a corporation.

Parties
Appellant: DISTT. MANAGER, APSRTC, VIJAYAWADA; Respondents: K. SIVAJI AND ORS.
Jurisdiction
India
Judgment Date
30 November 2000
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals allowed; High Court judgment set aside.
Legal Topics
Applicability of State Control, Payment of Wages, Holidays Under Labour Laws
Labour Law Administrative Law Constitutional Law Applicability of State Control Payment of Wages Holidays Under Labour Laws

Case Brief

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Parties

DISTT. MANAGER, APSRTC, VIJAYAWADA

Appellant

K. SIVAJI AND ORS.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the Andhra Pradesh Factories and Establishment (National Festival and Other Holidays) Act, 1974 applies to the Road Transport Corporation established under Section 3 of the Road Transport Corporation Act, 1950
  2. 2 Whether the Road Transport Corporation is under the control of the State Government as per Section 11(1)(c) of the Andhra Pradesh Act
  3. 3 Interpretation of 'under the control of the Central or State Government'

Ratio Decidendi

The Road Transport Corporation, established under Section 3 of the Road Transport Corporation Act, 1950, is under the control of the State Government. Therefore, by virtue of Section 11(1)(c) of the Andhra Pradesh Factories and Establishment (National Festival and Other Holidays) Act, 1974, the provisions of the Act do not apply to such a corporation.

Court Disposition

Appeals allowed; High Court judgment set aside.

Orders

  • No order as to costs.
  • Amounts already paid to employees pursuant to previous orders will not be recovered.