Civil Post and Standing Orders: government company employees cannot invoke Article 311, and statutory remedies bar writ relief.

An employee of a Government-owned company does not hold a civil post merely because the company is government-controlled, as a company incorporated under the Companies Act is a separate legal entity distinct from the Government; Article 311 therefore does not apply. Certified standing orders under the Industrial Employment (Standing Orders) Act, 1946 have statutory force, and disputes about their application or interpretation are to be pursued through the Act's special machinery, including reference to the Labour Court under Section 13A and industrial dispute remedies. On that basis, writ relief under Article 226 was declined in favour of the available statutory remedies.

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Issues: (i) Whether an employee of a Government-owned company holds a civil post so as to attract Article 311 of the Constitution of India; (ii) Whether relief under Article 226 of the Constitution of India can be granted for alleged contravention of certified standing orders when the Industrial Employment (Standing Orders) Act, 1946 provides statutory remedies.

Issue (i): Whether an employee of a Government-owned company holds a civil post so as to attract Article 311 of the Constitution of India.

Analysis: A company registered under the Companies Act, 1956 has a separate legal entity distinct from the Central Government, even if the Government is its sole shareholder or exercises ownership and management. Employment under such a company is not employment in a civil post under the Union or a State.

Conclusion: The petitioner did not hold a civil post and could not invoke Article 311.

Issue (ii): Whether relief under Article 226 of the Constitution of India can be granted for alleged contravention of certified standing orders when the Industrial Employment (Standing Orders) Act, 1946 provides statutory remedies.

Analysis: Certified standing orders under the Industrial Employment (Standing Orders) Act, 1946 acquire statutory force and govern service conditions. The Act also creates a specific machinery for reference of questions relating to the application or interpretation of standing orders to the Labour Court under Section 13A, whose decision is final and binding. The availability of this statutory forum, together with the remedy of raising an industrial dispute, makes the statute a self-contained code for such complaints.

Conclusion: Writ relief under Article 226 was refused because the petitioner had alternative statutory remedies and had approached the Court to stop the domestic inquiry.

Final Conclusion: The challenge to the disciplinary action failed, and the Court declined to interfere in exercise of its writ jurisdiction.

Ratio Decidendi: Where a special statute provides a complete remedial mechanism for disputes concerning the application or interpretation of certified standing orders, the High Court may decline writ relief and require the aggrieved party to pursue the statutory remedy.

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