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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Mukesh Kumar Choudhary S/o Ramanand Choudhary – Appellant
Versus
National Thermal Power Corporation (Ntpc) Limited Represented By Its General Manager (Hr) – Respondent
ORDER :
Amitendra Kishore Prasad
1. The present writ petition is being filed seeking following reliefs:-
“10.1 That, the Hon'ble Court may kindly be pleased to admit the Writ Petition; issue Rule NISI calling upon the Respondent/ Authorities to show cause as to why the prayers of the Petitioners shall not be allowed and if the Respondents fail to show cause, or show insufficient cause thereof, the said Rule be made absolute in the interest of justice. That, the Hon'ble Court may be pleased to quash the impugned orders of termination /removal from service as vide Annexure-3 (Colly.) by issuing a Writ in the nature of Certiorari.
10.2 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to command the Respondents/Authorities to reinstatement the Petitioners against their posts which are perennial in nature and they may further be directed to allow these Petitioners to continue further as before till the Company survives or in the alternative, without leave of this Hon'ble Court and also be granted with all consequential service benefits. etc., in the interest of justice.
10.3 Any other relief which this Hon'ble Court may deem and proper in th
The termination of contractual employees is valid if in accordance with their contract terms, and does not necessitate adherence to public employment principles when the employer is a private entity.
The court confirmed that contractual employment not involving State functionaries does not fall within the purview of Article 12, thus impacting the maintainability of writ petitions under Article 22....
A writ petition under Article 226 is not maintainable against a private employer for contractual termination unless it involves a public law element.
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
Writ petitions under Article 226 are not maintainable for private employment disputes lacking public law elements.
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