TaxTMI 
TaxTMI 
2025 (1) TMI 1315
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....s for R-1 in Item Nos. 4 & 43. For the R-2/UOI: Ms. Saumya Tandon, CGSC with Mr. Gaurav Singh Sengar, Advocate and Mr. Amit Acharya, Govt. Pleader in Item No. 4. [M:-9810907029]. For the UOI : Mr. Arjun Mahajan, SPC for UOI with Mr. Apoorv Upmanyu & Mr. Harsh Vashist, Advocates. [M:-9810047321] PRATEEK JALAN, J. (ORAL) 1. These two writ petitions have been filed by the same petitioner against her employer - Basic Chemicals, Cosmetics and Dyes Export Promotion Council ["CHEMEXCIL"]. In W.P.(C) 16740/2023, the petitioner seeks grant of childcare leave, whereas in W.P.(C) 355/2025, she challenges a Human Resource Policy implemented by CHEMEXCIL with effect from 08.01.2024. 2. Notice has been issued in the first writ petition by order ....
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.... and Articles of Association of CHEMEXCIL2 are in pari materia with those of GJEPC, is undisputed. Mr. Agarwala and Mr. Tandon, therefore, accept that the judgment of the Division Bench squarely covers the present case on this aspect. 7. However, it is their submission that the question of exercise of public function, which may render a non-State entity also amenable to the writ jurisdiction, has not been considered in (2022) SCC OnLine Del 3449. 8. Upon a holistic reading of the Division Bench judgment, I am unable to concur with this submission. Paragraph 11 of the said judgment records the submission of counsel for the petitioner therein, with regard to the function of an Export Promotion Council as a registering body notified by the D....
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....tones, diamonds, synthetic stones, costume (fashion) jewellery, gold and other precious metal jewellery and articles thereof. The primary purpose of Gjepc is to act as a nodal agency/interface between the exporters and the Government. The Council being a collective body of the exporters places the interests/problems faced by the exporters before the Government so that the Government can take such decisions which would promote the export of gems and jewellery. The Council, therefore, does not carry out the policy decisions of the Government or is in any way relevant to the decision-making process of the Government regarding exports of these articles. The CoA primarily consists of exporters with only three out of the 27 members being Governme....
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....rd to conditions of service, appointment, elections, etc. Gjepc does not satisfy any of the requirements or tests laid down by various judgments of the Supreme Court for establishing whether or not an authority can be deemed to be a "State" under Article 12. The reliance of the appellant on All India Garment Exporters Common Cause Guild v. Union of India [All India Garment Exporters Common Cause Guild v. Union of India, 2011 SCC OnLine Del 265] is misplaced as the learned Single Judge in the matter therein had observed that the AEPC was a statutory body that received support from the Central Government "financially or otherwise", which is not the case in the instant matter. 38. It is pertinent to note that the reliance of the appellant o....