P.R. BHASKAR Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) Petitioner was a Manager of Nethradhama Super Speciality Eye Hospital Pvt. Ltd. He tendered resignation to the post on 18.12.2013. Having sent a E-mail on 19.12.2013 to the respondents about withdrawal of the resignation and followed by a letter of withdrawal dated 23.12.2013 and finding no response filed this writ petition, to declare that he is deemed to be in service throughout and consequently, is entitled to arrears of salary and other benefits.

(2.) Sri Lakshman Rao, learned advocate, contended that the resignation submitted having been withdrawn on the very next day and there being no resignation in the eye of law, in as much as there was no acceptance by the respondents, the petitioner is entitled to the relief.

(3.) Sri. Lakshman Rao, did not dispute the fact, that the respondent is not an 'Authority' within the meaning of 'other Authority' within the purview of Article 12 of the Constitution. Undeniably, the respondent is a private limited company, running a super speciality eye hospital and does not perform any public functions or discharge any public duty. The Hospital provides service which is available on commercial charges. In view of the said undisputed position, this writ petition filed under Article 226 of the Constitution cannot be entertained.