R.A.SHARMA, O.P.JAIN
SUSHIL KUMAR AGRAWAL – Appellant
Versus
TITANORE COMPONENTS LTD. – Respondent
( 1 ) THE appellant, who is an employee of a private trading Company (respondent No. 1) filed a writ petition challenging the order of his reversion from the post of clerk grade I to the post of watch Man. This writ petition has been dismissed by a learned Single Judge on two grounds, namely (i) the writ petition is not maintainable; and (ii) the appellant has an alternative remedy before the Labour Court. Hence this appeal.
( 2 ) WRIT petition lies against the order of "any person or authority". It is settled now by decisions of the Supreme Court that such a person or authority need not necessarily be a statutory authority or the instrumentality of the State. It may also include the person discharging statutory/public duty. Supreme Court in Praga Tools Corporation v. C. B. Eimatiua1 (l969-ll-LLJ- 749) has laid down that a mandamus can issue even to a private person or a company to carry out the statutory duties imposed upon him/it; but if the duty imposed upon such a person/authority is not statutory/public duty, writ cannot be issued against it. It was accordingly laid down that: "thus an application for mandamus will not lie for an order of reinstatement to an o
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