SUSHIL KUMAR AGRAWAL Vs. TITANORE COMPONENTS LTD

JUDGEMENT

(1.) The appellant, who is an employee of a private trading Company (respondent No. 1) filed a writ petition challenging the order of his reversion from the post of clerk grade I to the post of Watch Man. This writ petition has been dismissed by a learned Single Judge on two grounds, namely(i) the writ petition is not maintainable; and (ii) the appellant has an alternative remedy before the Labour Court. Hence this appeal.

(2.) Writ petition lies against the order of "any person or authority". It is settled now by decisions of the Supreme Court that such a person or authority need not necessarily be a statutory authority or the instrumentality of the State. It may also include the person discharging statutory/public duty. Supreme Court in Praga Tools Corporation v. C.B. Eimatiua1(l969-ll-LLJ- 749) has laid down that a mandamus can issue even to a private person or a company to carry out the statutory duties imposed upon him/it; but if the duty imposed upon such a person/authority is not statutory/public duty, writ cannot be issued against it. It was accordingly laid down that: "Thus an application for mandamus will not lie for an order of reinstatement to an office which is essentially of a private character nor can such an application be maintained to secure performance of obligations owned by a Company towards its workmen or to resolve any private dispute".

(3.) For the same reason in Arun Madan v. Oriental Bank of Commerce 1987 (Suppl) S.C.C. 535 a writ petition filed by an employee of a Bank before its nationalisation against the order of termination of his service was held as not maintainable.