Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.

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 and further reliefs as this Hon’ble court deems fit and proper to pass under the circumstances of this case, in the interest of justice and equity.

2. Brief facts, leading rise to the filing of this writ petition are as follows.

3. The petitioner joined the services of respondent No.1 company as Manager in grade “L4” in its real estate division vide Appointment letter at Annexure- A. The petitioner was promoted as “Senior Manager” on 1^st April 2015, as Assistant General Manager, as Acting Director Real Estate and finally he was promoted to the position of Director of Real Estate vide promotion letter at Annexure B. The petitioner has been in continuous employment for 14 years. The petitioner submitted his resignation letter vide Annexure-C to the Respondent company on 18^th June 2025, notifying his 2 months notice period. Thereafter the Respondent held a meeting on 14^th July 2025 with the petitioner to discuss the petitioner’s alleged misconduct during his tenure at company. Further, the petitioner received a charge sheet cum show cause notice vide letter dated 15-07-2025 and simultaneously he was placed under suspension. The petitioner issued a response vide Annexure G denying the allegations made against him and requested the company to relieve him. Respondent company issued a letter of Domestic enquiry to the petitioner on 21-07-2015 vide Annexure H and thereafter the company denied to issue the relieving letter to the petitioner. Further, the petitioner issued a letter to Respondent Company seeking the disclosure of documents and again requested the company to issue relieving letter, to which the company denied vide Email dated 13-08-2025. Further, the petitioner having served his notice period issued another letter requesting to issue relieving letter and the respondent company once again denied the issuance of the letter. It is submitted that, the petitioner facing difficulties in the hands of the Respondent Company, he requested for assistance of legal practitioner along with release of emoluments due and relieving letter, but again the same was rejected by the Respondent company. The petitioner aggrieved by the actions of the petitioner, filed this writ petition.

4. Respondents have filed a statement of objections contending that the 1^st Respondent is a company registered under the Companies Act and is engaged in trade and business of providing sustainable transport solutions. It is contended that the 1^st Respondent is not a public body, Government aided institution and does not perform any public duty. Hence, the 1^st Respondent is not a “State” under Article 12 of the Constitution of India and not amenable to writ jurisdiction of this court under Article 226 of the Constitution of India and the same is not maintainable against the private company