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IN THE HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA
N.Darahasa Lahari S/o. Sri Ranga Rao – Appellant
Versus
Star Union DaiIchi Life Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. termination and resignation circumstances. (Para 1) |
| 2. arguments on jurisdiction and public control. (Para 2 , 3) |
| 3. arguments on private entity status and writ maintainability. (Para 4 , 5) |
| 4. judicial standards on writ petitions against private entities. (Para 6 , 7 , 8) |
| 5. dismissal of writ petition. (Para 9) |
ORDER :
NAGESH BHEEMAPAKA, J.
The petitioner-N.Darahasa Lahari joined the respondent-Star Union Dai-Ichi Life Insurance Company (SUD Life, for short) as Assistant Vice President on 01.03.2012, after due selection process. He was confirmed in the employment with effect from 11.09.2012. In December, 2012, he was transferred to Visakhapatnam as Area Head. On the ground of consistent under-performance and non-achieving of set targets, he was issued a Show Cause Notice dated 15.04.2015 seeking response. Petitioner submitted his response on 17.04.2015 detailing his achievements even during the period of crisis in the wake of cyclone-hit in Visakhapatnam. He was issued another letter dated 22.04.2015 proposing to take further action on the ground that only 65% of the target was achieved under the petitioner’s leadership. Petitioner submitted his response on 27.04.2015
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....
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
A writ of mandamus cannot be issued for private employment disputes, even if the employer performs public functions.
Writ petitions against UTI AMC are not maintainable as it does not qualify as 'State' or 'other authority' under Article 12 of the Constitution post-disinvestment.
A writ petition under Article 226 is not maintainable against a private employer for contractual termination unless it involves a public law element.
The Army Welfare Education Society is not a 'State' under Article 12, and the doctrine of legitimate expectation does not apply to private employment disputes.
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