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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Shree Chandrashekhar, Manjusha Deshpande
Suprabhat Lala, S/o. Pranab Kumar Lala – Appellant
Versus
National Stock Exchange Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to termination of servicce and constitutional rights. (Para 1) |
| 2. details of employment contract terms. (Para 2) |
| 3. objections on writ maintainability raised by respondent. (Para 3 , 4) |
| 4. arguments regarding private versus public law. (Para 5 , 6) |
| 5. background of the petitioner and termination events. (Para 7 , 8 , 14) |
| 6. distinction between public duties and private law rights. (Para 9 , 10 , 12) |
| 7. judicial review under article 226 and private contracts. (Para 11 , 13) |
| 8. dismissal of writ petition. (Para 15) |
JUDGMENT :
Shree Chandrashekhar, CJ.
The petitioner seeks to challenge the order of termination of his service issued on 24th July 2023 under the signature of the Chief Human Resources Officer of the National Stock Exchange (for short, ‘NSE’). The petitioner has characterized the termination order dated 24th July 2023 as illegal, unjustified, arbitrary and discriminatory and challenges the same issued in violation of his rights guaranteed under Articles 14, 16 and 21 of the Constitution of India. He is seeking reinstatement in service on the original post and in the original workplace consequent upon the quashing of the said termination order. He is also
A writ petition under Article 226 is not maintainable against a private employer for contractual termination unless it involves a public law element.
The main legal point established in the judgment is that the writ jurisdiction under Article 226 of the Constitution is not maintainable against a private unaided minority institution for service dis....
The main legal point established in the judgment is that the petitioner, as an employee of a school with a public element in imparting education, was entitled to avail the remedy under Article 226 of....
The main legal point established in the judgment is the authority's power to terminate services under Rule 15(ii) of the Anandalaya Education Society (Service conditions, discipline, conduct and appe....
A writ petition under Article 226 of the Constitution of India is not maintainable against a private unaided minority educational institution. A service dispute in the private realm involving a priva....
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.
The main legal point established in the judgment is that the absence of a public law element in the termination of employment renders a writ petition under Article 226 of the Constitution of India no....
The main legal point established in the judgment is that an employment dispute between an employee and a private unaided school, arising out of a private contract, does not involve a public law eleme....
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