2021 (3) TMI 484

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ompany informing the decision of the Board of Directors in determining his contractual appointment. 2. After service of notice, the respondents having entered appearance through their respective Advocates, resist the Writ Petition making submission in justification of the impugned action; they also contend that the 2^nd respondent-Company neither being a Government Company nor being an instrumentality of the State, the Writ Petition is otherwise also not maintainable. 3. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court declines to grant indulgence in the matter for the following reasons: (a) the answering respondent is a Private Limited Company incorporated under the law relating t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the petitioner does not fit; condition No.8 reserves liberty to the Company to dispense with services of the petitioner by issuing a three-month-notice, or three months gross emoluments in lieu of such notice; the assertion of the answering respondents that petitioner has accepted a huge sum of more than Rs. 12,00,000/- by way of gross emoluments for the three months that too without any protest, is not in dispute; that being the position, there is no choate cause of action for maintaining an action in law and more particularly, for invoking extraordinary jurisdiction of this Court, as rightly contended by the other side; (c) the vehement argument of the learned counsel for the petitioner that the removal is stigmatic in character and th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ions of State if they pertain to the public law domain and refrain from examining them if they pertain to the private law field." (d) there is some material which suggests that the impugned termination of the contract for service is preceded by some allegations, is arguably true; but that per se does not exclude the respondent-Company from invoking the conditions of contract entered into by the petitioner; as already mentioned, had the contract in question graduated to a legal status as it happens in Public Service Jurisprudence, the matter would have been different, since the infraction of the conditions of service are treated under the Service Rules which usually have abundant public law character; it is needless to mention that if the....