KAMARAJ T. Vs. DHARANI CEMENTS LTD. AND ANOTHER

JUDGEMENT

(1.) Aggrieved against the order of transfer transferring the petitioner from Ariyalur, Trichy District to Madras by the impugned order dated November 12, 1996, the petitioner has approached this Court to quash the said order on various grounds.

(2.) The case of the petitioner is briefly hereunder : - The petitioner belongs to Trichy District and studied upto S.S.L.C. The first respondent have got a cement factory at Trichy.

(3.) The second respondent in the impugned writ petition has filed counter affidavit disputing various averments made by the petitioner. The service of the petitioner was required at Madras to provide security services to factory. Apart from this, the petitioner is liable to be transferred from one place to another depending upon the exigency of services. The present writ petition is not maintainable inasmuch as the petitioner is the private limited company and not amenable to writ jurisdiction under Article 226 of the Constitution of India and apart from this, the petitioner company is not a 'State' as defined under Article 12 of the Constitution of India. Hence the present writ petition is not maintainable either on facts or on law. It is not open to the petitioner to challenge the order of transfer unless the same is vitiated by mala fide. In the instant case, the petitioner was transferred on the ground that his services are required at Madras and not on any mala fide intention.