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T. AMARNATH GOUD
Shanti Bharat Noatia – Appellant
Versus
Union of India – Respondent
JUDGMENT (ORAL)
1. Heard Mr. Raju Datta, learned counsel for the petitioner. Also heard Mr. B. Majumder, learned counsel for the respondent No.1 and Mr. BN Majumder, learned senior counsel assisted by K. Deb, learned counsel for the respondents No.2 to 7.
2. This is an application under Article 226 of the Constitution of India seeking following reliefs:
1 Issue Rule upon the respondents to show cause as to why all records relating to the case of the petitioner should not transmitted to this Hon'ble Court.
2 As to why Writ in the nature of certiorari should not be issued quashing the office order dated 02.11.2022 issued via email dated 02.11.2022 by the respondent No.7, e-Governance Services Ltd, whereunder the petitioner's contract as a consultant in the capacity of District Manager was terminated as per Clause 6 of the Contract Letter.
3 As to why writ in the nature of mandamus should not be issued directing the respondents to reinstate the petitioner to the post of the District Manager, West Tripura forthwith with parity in pay with similarly situated District Managers of other Districts.
4 In the interim be pleased to stay effect and operation of the office order dated 02.11.2022 issu
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....
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
Writ petitions under Article 226 are not maintainable for private employment disputes lacking public law elements.
The termination of contractual employees is valid if in accordance with their contract terms, and does not necessitate adherence to public employment principles when the employer is a private entity.
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
Contracts of service with the State can be examined for unconscionable terms, and judicial review under Article 226 is not barred by arbitration clauses.
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....
A writ of mandamus cannot be issued for private employment disputes, even if the employer performs public functions.
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