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- The question which arose here for consideration is whether the All India Radio and Doordarshan, are `Industries’ within the meaning of the IDA.
- The respondent-employees were clerks or linemen/watchmen and other casual workers working as employees of either All India Radio or Doordarshan kendras. They challenged their orders of termination or non-regularisation. The termination orders were set aside and regularization was granted by the First Court, and the appeal against that order was dismissed by the High Court.
- The contention made by AIR / DD was that they discharge sovereign functions of the State and therefore are not industries.
- The functions which are carried on by All India Radio and Doordarshan cannot be said to be confined to sovereign functions as they carry on commercial activity for profit by getting commercial advertisements telecast or broadcast through their various kendras and stations by charging fees.
- Day in and out advertisements are being telecast and even serials are being telecast on payment of appropriate charges and on which there cannot be any dispute. Same is the position with All India Radio.
- Is it weird that the BWS case specifically said that absence of a profit motive does not make a difference, and here we are with the SC referring to the commercial nature of the function?
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