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2003 Supreme(Cal) 229

Bhaskar Bhattacharya
Mithai Lal Passi – Appellant
Versus
C. E. S. C. Ltd. – Respondent


Order

Bhaskar Bhattacharya, J.

The only question that falls for determination in this writ application under Article 226 of the Constitution of India is whether an employee of the CESC Ltd., a licensee under Indian Electricity Act, can invoke the writ jurisdiction of High Court being dissatisfied with the order of termination of service.

2. Mr. Verma, learned Counsel appearing for the petitioner, in support of this writ application has placed strong reliance upon two decisions of the Supreme Court.

3. First, he has relied upon the decision of the Supreme Court in the case of K. Krishnamacharyulu & Ors. vs. Sri Venkateswara Hindu College of Engineering & Anr., reported in (1997) 3 SCC 571. In the said case some laboratory assistants of private college moved the writ application before the High Court seeking equal pay for equal work. The High Court turned down such application asking the petitioners to approach the Industrial Tribunal. It appears from paragraph 4 of the said judgment that in that case executive instructions were issued by the Government conferring on those persons right to claim the pay scale so as to be on a par with the Government employee and by filing such applicatio






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