A writ petition is not maintainable against a private body, such as Benaras State Bank Ltd., which does not discharge any public duty or have any statutory obligation.

( 1 ) SHRI Navin Sinha, learned counsel for respondents at the outset has taken a preliminary objection that the writ petition is not maintainable. He further contends that the service condition of the petitioners is not governed by any statutory rules or regulations. The relation between the benaras State Bank Ltd. and the petitioners is that of an employer- and employee which is purely contractual. He also contends that in the case of Writ Petition No. 30753 of 1992, decided on 1. 11. 1995, Vijay Kumar v. General Manager, Benaras State Bank Ltd. and others, Division bench of this Court had held that writ petition against the Benares State Bank Ltd. is not maintainable. He produces copy of the said judgment.

( 2 ) SHRI S. A. Gilani, learned counsel for the petitioners contends that even though the Benaras state Bank Ltd. is not a statutory authority and as such it is not a State within the meaning of article 12 of the Constitution, yet it discharges public duty and there is an element of public function in the Benares State Bank Ltd. and that if there is violation of principle of natural justice in relation to the condition of service of an employee, in that event, the writ jurisdiction can be invoked in order to establish his fundamental and non-fundamental rights. He relies on the decision in the case of Air India Statutory Corporation etc. v. United Labour Union and others, jt 1996 (11) SC 109, in support of his contention. He had also addressed the Court on the merit of the case.

( 3 ) 1 have heard learned counsel for the parties.

( 4 ) MR. Gilani had relied on the observation made in the decision of Air India Statutory corporation (supra) which may be quoted below : "13. If the exercise of the power is arbitrary, unjust and unfair, the public authority, instrumentality, agency or the person acting in public interest, though in the field of private law, is not free to prescribe any unconstitutional conditions or limitations in their actions. From this perspective and on deeper consideration, we are of the considered view that the two judge Bench in Heavy Engineering case narrowly interpreted the words "appropriate government" on the common law principles which no longer bear any relevance when it is tested on the anvil of Article 14. It is true that in Hindustan Machines Tools, R. D. Shettys and food Corporation of India cases the ratio of Heavy Engineering case formed the foundation. In hindustan Machine Tools case, there was no independent consideration except repetition and approval of the ratio in Heavy Engineering case. It is to reiterate that Heavy Engineering case is based on concession. In R. D. Shettys case, the need to delve in-depth into this aspect did not arise but reference was made to the premise of private law interpretation which was relegated to and had given place to constitutional perspectives of Article 14 which is consistent with the view we have stated above. In Food Corporation of Indias case, the Bench proceeded primarily on the premise that warehouses of the Corporation are situated within the jurisdiction of different State governments which led it to conclude that the appropriate Government would be the State government. **** in a developing society like ours, steeped with unbridgeable and ever widening gaps of inequality in status and of opportunity, law is a catalyst, rubicon to the poor etc. to reach the ladder of social justice. What is due cannot be ascertained by an absolute standard which keeps changing, depending upon the time, place and circumstance. The constitutional concern of social justice as an elastic continuous process is to accord justice to all sections of the society by providing facilities and opportunities to remove handicaps and disabilities with which the poor, the workmen etc. are languishing and to secure dignity of their person. The Constitution, therefore, mandates the State to accord justice to all members of the society in all facets of human activit