The Delhi Golf Club Employees Union vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2011

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
The Delhi Golf Club Employees Union & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
W.P. (C) No. 3403/2020 and C.M. No. 16264/2020, W.P. (C) No. 3941/2020 and C.M. No. 16266/2020, W.P. (C) No. 5440/2020 & C.M. No. 19612/2020, W.P. (Crl.) No. 1222/2020 and Crl.M.A No. 10818/2020
Decided On : 19-04-2021

Advocates appeared:
Ms. Sunita Bhardwaj, Mr. Bhaskar Vali, Mr. Manu Abhishek Bhardwaj and Mr. Pranav Singal, Advocates, for the Appellant; Mr. Vikrant N. Goyal, Advocate, Mr. Jawahar Raja, ASC(C), Mr. Archit Krishna, Advocate, Mr. Sandeep Sethi, Sr. Advocate, Mr. Gourav M. Liberhan, Advocate, for the Respondent.

Headnote:(A) Constitution of India - Article 21 - Disaster Management Act, 2005 - Industrial Disputes Act, 1947 - Writ petitions filed seeking quashing of termination orders of employees of the Food and Beverages Department of Delhi Golf Club during COVID-19 without due process - Maintainability questioned on grounds of DGC being a private body with no public function or State character, relying on precedents regarding the status of private entities. (Para 6-8, 61)

(B) Maintainability - Court ruled that DGC is not a State under Article 12 of the Constitution, as it does not perform public functions, nor is it deemed a public authority; decisions are based on private nature of the club's operations. (Para 62-72)

(C) The court emphasized that while some functions may be akin to public duties, they do not constitute a public authority capable of certifying the enforcement of fundamental rights under Article 226, underscoring the limitations of jurisdiction in employment matters within private organizations. (Para 73)

(D) Employment - No public law element present in the challenged terminations; the application for mandamus does not lie against DGC, thus leaving the Petitioners to seek redress through appropriate legal channels. (Para 64-68)

Table of Content
1. petitioners seek diverse reliefs against dgc. (Para 1)
2. initial objection raised regarding petition maintainability. (Para 2)
3. petitioners challenge termination amidst covid-19. (Para 4)
4. specific reliefs include action against dgc for livelihood rights. (Para 5)
5. arguments against maintainability due to dgc's private status. (Para 6)
6. dgc claims private club status and non-control by government. (Para 10 , 11)
7. dispute over contractual obligations and public duties of dgc. (Para 12 , 13 , 14 , 21)
8. court confirms dgc's non-state authority under article 12. (Para 35)
9. clarification sought on dgc's public duty classification. (Para 62)
10. court dismisses petitions; no writ to compel action. (Para 72 , 74)

Judgment

1. Present petitions have been filed by the Petitioners seeking multifarious reliefs embracing several causes of action, including a challenge to the termination orders of the employees working in the Food and Beverages department of Delhi Golf Club (hereinafter referred to as 'DGC') and issuance of various directions to DGC, Government of India, Government of National Capital Territory of Delhi and other Authorities under different labour welfare legislations. The reliefs sought are set out in later part of the judgment.

2. At the outset, a preliminary objection was taken for and on behalf of DGC, the main contesting Respondent, questioning the maintainability of the petitions and thus, the parties were called upon to address arguments on maintainability. As maintainability is a common thread that runs in all the petitions and goes to the root of the matter, the objection is taken up and decided at the threshold, by a common judgment.

WP(C) 3403/2020

3. Petitioner is a Union of the Employees of DGC and petition has been filed on behalf of 59 members, who are permanent employees of the Food and Beverages Department of DGC, essentially seeking quashing of the decision of DGC terminating their services and a mandamus directing the Official Respondents to take action against DGC for removing the Petitioners from permanent employment during Pandemic Covid-19 as well as to direct DGC to permit them to join their permanent employment, amongst other reliefs as follows :-

"1. Writ, order or direction in the nature of MANDAMUS or any other appropriate writ, order or direction thereby directing the respondent No. 1,2,3,4 and 5 to take stern action against the Board of Management of 'The Delhi Golf Club 'for taking away the right of livelihood for violating the fundamental right to livelihood of the members of the Petitioner ensured/enshrined under Article 21 of the Constitution of India of the members of the petitioner by illegally removing them from their permanent employment during the ongoing COVID-19 pandemic, that too without following due process.

2. Writ, order of direction in the nature of CERTIORARI or any other co-ordinate appropriate writ, order or direction thereby directing the respondent No.6 to quash and set aside the decision of removing the 59 employees/members of the Petitioner from permanent employment and issue a writ of MANDAMUS to protect the permanent employment of the members of the petitioner amid the Pandemic COVID-19 and to ensure that the members of the Petitioners are allowed to join their permanent employment amid COVID-19 in the Food & Beverages Department of the Delhi Gold Club as per ANNEXURE P-15 of the present Writ Petition giving name and designation (s) of 59 permanent employees/members of the Petitioner Union.

3. Writ, order or direction in the nature of MANDAMUS or any other appropriate writ, order or direction thereby directing the Respondent No.1 to 5 to ensure that the Food & Beverages Department of the Delhi Golf Club is not outsourced to any contractor/third party by the respondent No.6 amid Pandemic COVID-19.

4. Writ, order or direction in the nature of MANDAMUS or any other appropriate writ, order or direction thereby directing the Respondent No.1 to 5 to ensure th