REGENT COMPUTRONICS PVT. LTD.

Dharmender Sharma Appellant

V/S

UNION OF INDIA AND OTHERS Respondents

Referred Judgements :-

SHRI ANANDI MUKTA SADGURU VS. V.R.RUDANI AND OTHERS [REFERRED]
<RC>LAWSUIT(P&H) 2013 0 1477;</RC> HIGH COURT OF PUNJAB & HARYANA <JGN>A. K. SIKRI,RAKESH KUMAR JAIN</JGN> <APL>DHARMENDER SHARMA</APL> <RP>UNION OF INDIA AND OTHERS</RP> <DT>MARCH 21,2013</DT> <AT>LETTERS PATENT APPEAL 1308 OF 2012</AT> 21.03.2013 <SUBJECT>COMPANY,CONSTITUTION</SUBJECT> CONSTITUTION OF INDIA ART 158;CONSTITUTION OF INDIA ART 311;CONSTITUTION OF INDIA ART 226;CONSTITUTION OF INDIA ART 12;COMPANIES ACT,1956 SEC 15;COMPANIES ACT,1956 SEC 17; <SI><ACT>CONSTITUTION OF INDIA</ACT> <S>ART.158</S><ACT>CONSTITUTION OF INDIA</ACT> <S>ART.311</S><ACT>CONSTITUTION OF INDIA</ACT> <S>ART.226</S><ACT>CONSTITUTION OF INDIA</ACT> <S>ART.12</S><ACT>COMPANIES ACT,1956</ACT> <S>S.15</S><ACT>COMPANIES ACT,1956</ACT> <S>S.17</S></SI> <FV>APPEAL DISMISSED</FV> [REFERRED TO]
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS. MOHAN LAL [REFERRED]
PRAGA TOOLS CORPORATION VS. C A IMANUAL [REFERRED]
SUKHDEV SINGH THE OIL AND NATURAL GAS COMMISSION THE L 1 C LIMITED THE INDUSTRIAL FINANCE CORPN EMPLOYEES ASSOCIATION VS. BHAGATRAM SARDAR SINGH RAGHUVANSHI:THE ASSOCIATION OF CLASS II OFFICERS 0 N G C:SHYAM LAL SHARMA:THE INDUSTRIAL FINANCE CORPN [REFERRED]
SUKHDEV SINGH THE OIL AND NATURAL GAS COMMISSION THE L 1 C LIMITED THE INDUSTRIAL FINANCE CORPN EMPLOYEES ASSOCIATION VS. BHAGATRAM SARDAR SINGH RAGHUVANSHI:THE ASSOCIATION OF CLASS II OFFICERS 0 N G C:SHYAM LAL SHARMA:THE INDUSTRIAL FINANCE CORPN [REFERRED]
EXECUTIVE COMMITTEE OF VAISH DEGREE COLLEGE SHAMLI VS. LAKSHMI NARAIN [REFERRED]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED]
KUMARI SHRILEKHA VIDYARTHI VS. STATE OF UTTAR PRADESH [REFERRED]
ASSISTANT EXCISE COMMISSIONER VS. ISSAC PETER [REFERRED]
SHASHI KAPILA VS. R P ASHWIN [REFERRED]
PRADEEP KUMAR BISWAS VS. INDIAN INSTITUTE OF CHEMICAL BIOLOGY [REFERRED]
JAVED VS. STATE OF HARYANA [REFERRED]
VIRENDRA KUMAR SRIVASTAVA VS. U P RAJYA KARMACHARI [REFERRED]
ZEE TELEFILMS LTD VS. UNION OF INDIA [REFERRED]
LT GOVERNOR OF DELHI VS. V K SODHI [REFERRED]
GRIDCO LIMITED VS. SADANANDA DOLOI [REFERRED]
VINAY KUMAR TYAGI VS. HARIJAN SEVAK SANGH [REFERRED]
DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD VS. SURESH KUMAR [REFERRED]

JUDGEMENT

(1.) The appellant was working with respondent No.2 herein, namely, Stock Holding Corporation of India (hereinafter referred to as 'the Corporation'). He joined the corporation as Junior Executive on 22.03.1999 and after earning few promotions reached to the rank of Assistant Manager.

(2.) The appellant filed writ petition under Article 226 of the Constitution of India questioning the validity of the aforesaid order primarily on the ground that even when the order was stigmatic in nature which was passed without following the procedure established by law and violating the principles of natural justice, inasmuch as no departmental enquiry was held.

(3.) The Corporation in its reply took a preliminary objection to the maintainability of the writ petition on the ground that it was a private body and not an authority or instrumentality or agency of the State under Article 12 of the Constitution of India. This contention is accepted by the learned Single Judge while dismissing the writ petition stating that the appellant cannot enforce the contract of service which was admissible only under three situations and the case of the appellant was not covered by any of those categories which are as follow:-

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DHARMENDER SHARMA Vs. UNION OF INDIA AND OTHERS

Referred Judgements :-

JUDGEMENT

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