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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
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 seeking a writ of certiorari to recall the order of his transfer contained in the letter dated 27th 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 Artic
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....
Employees of private educational institutions cannot invoke Article 226 for service disputes unless governed by statutory provisions, as established in St. Mary’s Education Society case.
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