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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
U. Hanumantaiah, S/o. U. Palakshappa – Appellant
Versus
JSW Steel Limited, Represented By Its Associate Vice President (HR) – Respondent
ORDER :
M.NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
A. Issue a writ in the nature of certiorari by quashing the impugned Termination order bearing no.JSWSL/ VJNR/ 1043498/2025-26 dated 24.06.2025 issued by the respondent vide Annexure-A.
B. Issue a writ in the nature of mandamus directing the respondent to reinstate the petitioner in the respondent company.
2. Heard the learned counsel Shri V.S. Kalasurmath appearing for the petitioner and the learned counsel Shri Prashant F.Goudar appearing for the respondent.
3. The facts in brief germane are as follows:
The petitioner is said to have been appointed on 07.02.2011 as an Assistant in the respondent - JSW Steel Ltd. The petitioner is then terminated from service. Termination of service is what is called in question in the subject petition.
4. The respondent is not a State under Article 12 of the Constitution of India nor a wing of the Government. It is a Private Industry. Against a private entity, it is trite that the writ could not lie. The issue has been dealt with in elaboration by this Court in the case of United Brothers Healthcare Services Pvt. Ltd., Vs. Ministry of Health and Family Welfare
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.
AWrit Petition under Article 226 of the Constitution is not maintainable against a scheduled bank on the ground that the business of banking does not fall within the expression “public duty”.
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
Contracts of service with the State can be examined for unconscionable terms, and judicial review under Article 226 is not barred by arbitration clauses.
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