P.K. AHLUVALIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Bhagwat Mehra, learned counsel for the petitioner, Mr. B.P.S. Mer, learned Brief Holder appearing for the State and Mr. Rakesh Thapliyal, learned Senior Counsel appearing on behalf of respondent nos.2 and 3 and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a direction to the respondents to forthwith release his retiral dues; and a mandamus directing the respondents to release the amount of leave encashment of 300 days instead of 210 days.

(3.) The petitioner is an employee of the U.P. Hill Electronic Corporation Ltd. The said Corporation is a company registered under the Companies Act, 1956, and has a legal identity distinct and separate from that of the State Government. Though the petitioner has sought a direction, both against the State of Uttarakhand and the U.P. Hill Electronic Corporation, no mandamus can be issued to the first respondent-State Government to pay the salary and other emoluments of an employee of a public limited company, since the public limited company is a legal entity distinct and separate from that of the State Government. The fact, however, remains that the second respondent is liable to pay the retiral dues of its employees.