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J. J. MUNIR
Reddy Veerraju Chowdary – Appellant
Versus
Insolvency Professional/Resolution Professional – Respondent
JUDGMENT :
J.J. Munir, J.
1. The petitioner, Reddy Veerraju Chowdary, has applied for the issue of a writ of mandamus directing the respondents to consider for acceptance his letter of resignation from service and issue him with a no-objection certificate, relieving letter, and, doing a final settlement of his service dues, including arrears of salary and gratuity, within such period of time that this Court may determine.
2. The petitioner is an employee of a private limited company, called the Gayatri Projects Limited. The Company aforesaid is registered under the Companies Act, 1956. Gayatri Projects Limited (for short, 'the Company') was incorporated on 15.9.1989. The Company has its registered office at T.R.S. Tower, B-1 6-3-1090, Raj Bhawan Road, Somajiguda, Hyderabad, Telangana. The Company was incorporated with the object of carrying out construction of Public Roads, State Highways and National Highways, undertaking these projects for Governments, that is to say, the State Governments and the Government of India. The Company would undertake these projects on contracts awarded.
3. Eschewing unnecessary detail, suffice it to say that the petitioner was selected and appointed with
A writ of mandamus cannot be issued for private employment disputes, even if the employer performs public functions.
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
A writ petition against a private insurance company is not maintainable under Article 226 since the company does not qualify as a State or instrumentality, reflecting solely contractual employment re....
As the contract between the petitioner and the respondent Corporation, an instrumentality of the State, is under the realm of a private law and there is no element of public law, the only course for ....
A writ petition under Article 226 of the Constitution is not maintainable against a private company, even if it discharges a public function, unless the contract of service is governed or regulated b....
A multinational company cannot be classified as an 'instrumentality of the State' under Article 12 without pervasive control or public duty imposed by the State.
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....
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