BINDU K B Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel appearing for the respondent.

(2.) This writ appeal is filed against the judgment dated 9.10.2014 passed in Writ petition No.22233 of 2014. The writ petition was filed by the appellant assailing the order of suspension as well as directing the employer to submit the explanation. An objection was raised by the respondent employer that the writ petition under Article 226 is not maintainable looking to the nature of entity of the respondent. It was submitted by respondents that the respondent is a purely private body registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955. It has neither any control of State Government nor it is funded by the State and the writ petition which raised service dispute is not maintainable. The preliminary objection was resisted by the appellant/petitioner.

(3.) Learned Single Judge, after considering the submission of both parties by elaborate judgment held that the writ petition under Article 226 is not maintainable, which judgment has been assailed by the appellant in this writ appeal.