S. RADHAKRISHNAN, J.:---This petition has been placed before us inasmuch as in (Kamgar Sabha v. State of Goa and others)1, 1996(II) C.L.R. 565 and in (Panther Power Kamgar Sanghatana others v. Jhalani Y.C. others)2, 1998(3) Bom.C.R. (A.B.)160 : 1998(I) L.L.J. 66, two Division Benches of our High Court had issued writ of mandamus under Article 226 of the Constitution of India wherein a private employer had acted contrary to the provisions of Standing Orders in one case and in the other a private employer had committed a breach of a statute like Factories Act. When the present petition was placed before another Division Bench for admission the said Division Bench was doubtful whether a writ could be issued against a private entity, without any discernible statutory public duty, as such, to decide upon the correctness of the view taken in the aforesaid two Division Bench judgments, the present matter has been placed before this Full Bench inasmuch as a similar issue arises in the present petition also wherein a writ of mandamus has been sought against a private employer with regard to a breach of a private contract of employment.

2.In the instant case admittedly the petiti