IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Sanjay Dwivedi
Umesh Kumar Tiwari – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Sanjay Dwivedi, J.
1.Heard on admission.
2. By the instant petition, the petitioner is challenging the validity of the order dated 27.09.2024 (Annexure-P/8) whereby his services have been terminated and he has been removed from service. The said order/communication is made by respondent No.5/Director, Urmila International Service Private Ltd.
3. Learned counsel for the petitioner submits that Urmila International Service Private Ltd. is a registered company under the statute and having its registered number. He also submits that the services of the petitioner cannot be terminated in this manner, that too without conducting any enquiry and without giving any opportunity of hearing to him. He further submits that a writ under Article 226 of the Constitution can be issued against the respondent-employer in the light of the law laid down by the Supreme Court in the case of Federal Bank Ltd. v. Sagar Thomas and others (2003) AIR (SC) 4325 and also in the case of The Praga Tools Corporation v. Shri C.A. Imanual and others (1969) 1 SCC 585 . He further submits that the petitioner is the employee of respondent No.5 though it is a private company and therefore outsourcing services of t
The Praga Tools Corporation v. Shri C.A. Imanual and others
K.Krishnamacharyulu v. Sri Venkateswara Hindu College of Engineering
Termination by a private company without inquiry or hearing is not maintainable under Article 226 since the employment relationship is contractual, not public law.
The main legal point established in the judgment is that the absence of a public law element in the termination of employment renders a writ petition under Article 226 of the Constitution of India no....
The main legal point established in the judgment is that the writ jurisdiction under Article 226 of the Constitution is not maintainable against a private unaided minority institution for service dis....
The main legal point established in the judgment is the authority's power to terminate services under Rule 15(ii) of the Anandalaya Education Society (Service conditions, discipline, conduct and appe....
Writ petitions under Article 226 are not maintainable for private employment disputes lacking public law elements.
Point of law: The term 'State' but clarified that when a private body exercises public function even if it is not a State, the aggrieved person has a remedy not only under the ordinary law but also u....
A writ petition under Article 226 is not maintainable against a private employer for contractual termination unless it involves a public law element.
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....
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....
Writ petitions against private companies are not maintainable under Article 226 if no public duty is discharged and violations pertain solely to private law.
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