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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Vinod Rayappa Ugare S/o Rayappa M. Ugare – Appellant
Versus
Volvo Group India Private Limited – Respondent
| Table of Content |
|---|
| 1. petitioner seeks writ of mandamus (Para 1) |
| 2. facts leading to writ petition (Para 2 , 3) |
| 3. respondent's objections to jurisdiction (Para 4) |
| 4. petitioner's arguments about resignation (Para 6 , 7) |
| 5. respondent's arguments regarding maintainability (Para 8) |
| 6. writ petition maintainability against private entities (Para 10 , 12 , 13) |
| 7. citations concerning private entity maintainability (Para 16 , 17 , 18) |
| 8. criteria for determining if a company is 'state' (Para 19 , 20 , 21 , 22) |
| 9. court's dismissal of writ petition (Para 23) |
ORDER :
1. The Petitioner filed this writ petition seeking the following reliefs:
i. Issue a Writ of Mandamus, or any other appropriate writ, order, direction to declare that the petitioner has resigned lawfully and served his notice period.
ii. Issue a Writ of Mandamus, or any other appropriate writ, order, direction to direct the Respondent Company to issue the Petitioner’s Relieving and Experience Letter.
iii. Issue a Writ of Mandamus, or any other appropriate writ, order, direction to direct the Respondent company to pay the emoluments due to the petitioner, morefully described in Schedule-I.
iv. Grant cost of Writ Petition.
v. Grant such other a
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
A multinational company cannot be classified as an 'instrumentality of the State' under Article 12 without pervasive control or public duty imposed by the State.
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
Writ Jurisdiction – Issue about exercise of extra-ordinary writ jurisdiction under Article 226 of Constitution of India would arise only on date when writ petitions were taken up for consideration an....
A private entity, not under pervasive government control, does not qualify as 'State' under Article 12, making a writ petition against it not maintainable.
A writ petition against a private insurance company is not maintainable under Article 226 since the company does not qualify as a State or instrumentality, reflecting solely contractual employment re....
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