Report No. 145

2.4. Public Character.-

For our purpose, it is relevant to point out that the public character of the undertaking is one of the ingredients emphasised by the court in coming to a positive conclusion. The test of "agency or instrumentality" had, in fact, been suggested by Mr. Justice Mathew in 1975.1 Incidentally, Mr. Justice Mathew had also stressed the element of public character of the functions of the corporation, apart from other factors.

1. Sukhdev Singh v. Bhagat Ram, AIR 1975 SC 1331.