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of <h1>Court Declines Writ Jurisdiction Over Post-Privatization Retirement Dispute</h1> <h3>P. Subban Versus HTL. Limited</h3> P. Subban Versus HTL. Limited - TMI Issues:1. Validity of the order accepting voluntary retirement after withdrawal of application.2. Jurisdiction of the High Court to issue a writ in cases involving private organizations post-privatization.Issue 1: The petitioner filed a writ petition challenging the acceptance of his application for voluntary retirement by the management, despite withdrawing the application prior to its acceptance. The petitioner argued that the subsequent order was illegal and without jurisdiction. The respondent contended that once an application for voluntary retirement was made, it could not be withdrawn by the employee, even though the management had the discretion to accept or reject such applications. The respondent justified the acceptance of voluntary retirement despite the withdrawal request made by the petitioner.Issue 2: The respondent, initially a Government of India undertaking, had been privatized, leading to a change in its status as an authority under Article 12 of the Constitution. The respondent argued that post-privatization, it was no longer amenable to writ jurisdiction for enforcing employment rights. The petitioner relied on legal precedents to support the maintainability of a writ against private entities in certain circumstances. The court considered the implications of privatisation on the writ jurisdiction and the exercise of extraordinary remedies under Article 226.The petitioner's counsel cited relevant Supreme Court and High Court decisions to argue for the maintainability of the writ petition even against private organizations post-privatization. However, the court, considering the changed circumstances due to privatisation, concluded that the acceptance of voluntary retirement, even if irregular, did not warrant the exercise of writ jurisdiction against a private entity. The court emphasized the need to adhere to the restraints on extraordinary remedies and declined to issue the writ, following a similar precedent where a writ was held not maintainable post-privatization. The writ petition was disposed of as not maintainable, allowing the petitioner to seek redress through the appropriate forum.
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