State control and supervision determine employment status for a security force performing public functions under government oversight.

Effective control and supervision, rather than funding alone, determine whether a master and servant relationship exists with the State. The Tea Plantation Security Force was described as operating under State-backed recruitment, training, discipline and deployment arrangements, performing duties of a public character linked to law and order and other sovereign functions. On that basis, the members were treated as under the State's control, and relief was granted on insecure tenure. The court directed continuance of employment for eligible members and consideration of permanent status with consequential benefits for those remaining in service.

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Issues: Whether the members of the Tea Plantation Security Force were under the control of the State so as to sustain a master and servant relationship with the State, and whether they were entitled to continued service and regularisation or permanent status.

Analysis: The Force was created pursuant to a State-backed arrangement, and its recruitment, operational control, training, discipline, and deployment were substantially regulated by State authorities. The fact that the Force was funded by tea garden authorities did not alter the real nature of the arrangement, since the decisive consideration was the existence of supervision and control over the work done. The duties performed were public in character and closely related to law and order and other sovereign functions. The reasoning also drew support from constitutional values of social justice and security of tenure, as reflected in Articles 14, 21, 39 and 42 of the Constitution of India.

Conclusion: The members of the Force were held to be under the effective control of the State and the challenge to their insecure tenure succeeded. The writ petition was allowed, with directions that the State ensure continuance of employment of eligible members and consider permanent status with consequential benefits for those continuing in service.

Final Conclusion: State control over recruitment, discipline, and operational supervision, together with the public character of the duties performed, established the requisite employment relationship and justified relief in favour of the members of the Force.

Ratio Decidendi: For determining a master and servant relationship, the decisive test is the right of supervision and control over the work done; funding by a third party does not negate employment under the State where the force performs public functions under State control.

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