Mandamus against a company requires a public or statutory duty; private retrenchment disputes must proceed under industrial law.

Mandamus can issue only to enforce a public or statutory duty, backed by a corresponding legal right. A company incorporated under the Companies Act does not become a statutory body merely because of government shareholding or control over its directors. Where the dispute concerns a private agreement on retrenchment of workmen, the obligation sought to be enforced is private, not public, so writ relief is not maintainable. A court cannot convert an incompetent writ into a declaration invalidating the agreement. Any remedy must be pursued, if available, as an industrial dispute under the Industrial Disputes Act.

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Issues: Whether a writ of mandamus or an order in the nature of mandamus, and consequential declaratory relief, could be granted against a company incorporated under the Companies Act in respect of a private agreement relating to retrenchment of workmen.

Analysis: Mandamus lies only to secure performance of a public or statutory duty in respect of which the applicant has a corresponding legal right. A company incorporated under the Companies Act is not, merely by reason of government shareholding or control over directors, a statutory body discharging public duties. Where the dispute concerns an agreement between such a company and its workmen, the obligation sought to be enforced is of a private character and not a public or statutory duty. Once the writ petition itself is misconceived and not maintainable against the company, the court cannot enlarge the relief by issuing a declaration invalidating the agreement. The proper remedy, if any, lies under the Industrial Disputes Act by raising an industrial dispute.

Conclusion: The writ petition was not maintainable against the company, and no declaratory relief could be granted in writ proceedings.

Ratio Decidendi: Mandamus and consequential declaratory relief cannot be issued against a non-statutory company in respect of obligations of a private character unless the act complained of involves breach of a public or statutory duty.

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