A writ petition under Article 226 is not maintainable against a private employer for contractual termination unless it involves a public law element.

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 24^th 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 seeking a writ of certiorari to recall the order of his transfer contained in the letter dated 27^th June 2022. In the writ petition, the petitioner has made the following prayers:-

“(a) This Hon'ble Court may be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction declaring the Termination letter dated 24.07.2023, (being Exhibit-M) issued by Respondent No.1 and quash the same as being illegal, unjust, discriminatory, arbitrary and in violation of the rights of the Petitioner as guaranteed under Article 14, 16 and 21 of the Constitution of India;

(b) This Hon'ble Court may be pleased to issue a Writ of Certiorari recalling the transfer letter dated 27.6.2022 issued by Respondent No.1 and quash the same as being illegal, unjust, discriminatory, arbitrary and in violation of the rights of the Petitioner as guaranteed under Articles 14, 16 and 21 of the Constitution of India;

(c) This Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus directing the Respondent to reinstate the Petitioner in his original post and in the original work place before he was illegally terminated, continuity of service, full back wages and continuity of services with consequential benefits;

(d) Pending the hearing and final disposal of the Petition, this Hon'ble Court be pleased to issue a Writ of Mandamus, or any other appropriate writ, order, or direction, directing the Respondents to release the salary arrears due to the Petitioner from 2018, along with interest thereon till the day of actual date of payment, and legal fees, which was illegally withheld in line with other employees without discrimination;

(e) Ad interim prayer in clause (d) above;

(f) Any other or further cost as the court may deem fit.”

2. The petitioner was engaged as a Manager under 1^st respondent-NSE with effect from 1^st October 2001 on the terms and conditions provided in the letter dated 7^th September 2001 which were duly accepted by him. The said letter of appointment included a clause for termination from service on three months’ notice on either side on payment in lieu thereof and the same is re-produced herein below:-

“Dear Mr. Suprabhat,

Sept 7, 2001

Further to your application and subsequent discussions that we have had with you, we are pleased to offer you an appointment as a 'Manager' in our Company. The detailed terms and conditions of your appointment are enclosed herewith. If you find the terms and conditions acceptable, we hope you would be able to join us on or before October 1, 2001. Kindly return the duplicate copy of this letter along with the terms and conditions and Annexures duly signed. We look forward to working with you,

Yours sincerely,

sd.

TERMS AND CONDITIONS OF APPOI