By the Court.—Dr. Manmohan Sharma, the petitioner appearing in person has prayed for quashing the minutes of the meeting dated 16.5.2002 of the Board of Directors of Swadeshi Polytex Limited, Ghaziabad in which it was decided, while discussing any other matter with the permission of the chair at Item No. 10 that the pay and allowance paid to Dr. Manmohan Sharma, Company Secretary by Shri Gaurav Swarup in 1998 were on a very higher side and a company, which is sick and their employees cannot be paid salary to the workers cannot afford to accumulate such a big liability. It was decided that the services of Shri Man Mohan Sharma, Company Secretary may be dispensed with from 1st June, 2002 and Shri H.K. Sharma be given charge of all official records/ official equipments from him. Shri O.P. Soni, Company Secretary, NTC (HC) was directed to look after the work of Company Secretary in addition to his present duties.

2. The petitioner has also prayed for direction to the respondents to reinstate him on the post of Advisor-cum-Company Secretary w.e.f. 8.6.2002 and to pay him retirement benefits, namely provident fund, gratuity and superannuation together with unpaid salary and allowance w.e.f. September, 2002 till date, alongwith 18% interest.

3. Shri Anurag Khanna appearing for Swadeshi Polytex Ltd., Ghaziabad (the Company) has raised a preliminary objection to the maintainability of the writ petition. It is stated by him on the basis of averments made in the affidavit of Shri B. Mehrotra, Executive Director of the company that as per the shareholders pattern of the company in which NTC has 34%; Paharpur Cooling Tower Ltd. has 25%; MKJ Enterprises has 12.50%; Financial Institution as 2.50% and General Public as 26% shares, the company is not a ‘government company’ as defined under Section 617 of the Companies Act and thus the writ petition by an Officer-cum-Company Secretary of the company challenging the termination of his contract of service is not maintainable. Shri Anurag Khanna submits that the High Court does not ordinarily interfere with the resolution of the Board of Directors of the Public Limited Companies, which are not government companies, terminating their services and for other reliefs. He submits that the petitioner has to search for competent forums other than the writ petition under Article 226 of the Constitution of India to seek reliefs.

4. Shri Anurag Khanna supported his objections by further stating that Shri R.K. Sharma-respondent No. 5 is the Chief General Manager (DPR) and not Chairman and Managing Director of National Textile Corporation (Delhi and Rajasthan). He is presently functioning as occupier of the company. The petitioner is not functioning since 1998 and hence there is no question of payment of salary and allowance to him. The amount calculated by the petitioner are wrong and nothing whatsoever was minimum due to the petitioner as company is not taking his services since September, 1998. Shri Anurag Khanna has relied upon the judgments of this Court in Writ Petition No. 50571 of 2002, M/s Paharpur Cooling Towers Ltd. v. The Collector, Ghaziabad and others dated 13.1.2005 connected with other writ petitions including Writ Petition No. 54861 of 2003, M/s Swadeshi Polytex Limited Officers Welfare Association v. Union of India and others. In this case while considering the challenge of M/s Paharpur Cooling Towers Ltd. to the recovery certificates issued by the Deputy Labour Commissioner, Ghaziabad of the dues of the workman, the Court did not accept the challenge on the ground that the Paharpur Cooling Towers has filed application under Section 397 and 398 of the Companies Act, 1956 dealing with the termination of a part of management alleging that the nominee directors of the NTC were acting against the interest of the company by not defending the litigation or contesting the proceedings relating to the impugned recovery certificate. A reference under Section 15 (1) of the Sick Industrial Companie