SUNIRMAL KUMAR RAY Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the order of suspension, the petitioner has filed this writ petition claiming various service benefits against his employer, the respondent No. 2 herein which is a Company registered under the Indian Companies Act, 1956.

(2.) A preliminary objection regarding the maintainability of this writ petition was taken by Mr. Pal, learned Advocate, appearing for the respondent No. 2 on the ground that since the respondent No. 2 is a Company registered under the Indian Companies Act, 1956, the said respondent is neither a State nor an instrumentality of the State nor any other local nor other authorities within the meaning of Article 12 of the Constitution of India and as such writ does not lie against the said respondent.

(3.) Since a preliminary objection regarding the maintainability of the writ petition was raised by Mr. Pal, this Court thought it fit to decide the said objection first before entering into the merit of the said application.