Heard learned counsel for petitioner and Mr. Devendra Pathak learned Additional Chief Standing Counsel appearing on behalf of opposite parties 1 and 2.
Petitioner has sought the following prayers:-
" (i) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing t the O.P. No.2, the Director of the Industries of U.P. to initiate proper proceedings for reinstatement of petitioner in the unit of O.P. No.4.
(ii) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the O.P. No.2, the Director of the Industries of U.P. to consider and decide the representation of petitioner dated 21.12.2020 pending before him, vide annexure no. 11 of the writ petition.
(iii) to issue a writ, order or direction in the nature of certiorari for quashing of the impugned termination letter dated 28.5.2020 issued by O.P. No.3/4, as contained in the annexure no.4 of the writ petition."
Learned State Counsel has raised a preliminary objection regarding maintainability of the writ petition in view of the fact that the impugned termination order dated 28th May, 2020 has been issued by the opposite parties 3 and 4 who are a completely private concern. It is submitted that there is no averments in the writ petition that the aforesaid, Vishakaha Industries Limited is an instrumentality of State or other authority coming within scope of Article 12 of the Constitution of India. It has also not been averred that the said opposite party is performing any public function and as such the writ petition is not maintainable.
Upon a perusal of the averments made in the writ petition, its apparent that the petitioner was an employee of the said Vishakha Industries Limited which has issued the termination order dated 28th May, 2020. As such it is quite apparent that the State authorities, particularly opposite party No.2 have nothing to do whatsoever with the grievance of petitioner regarding termination of services by the opposite parties 3 and 4. There is no averments in the writ petition as to how the writ petition would be maintainable against a purely private entity without any public function being performed by it with regard to termination of services of the petitioner or that the said entity would come within the scope of Article 12 of the Constitution of India.
Although this court is competent enough to exercise its writ jurisdiction under Article 226 of the Constitution of India which is an extra ordinary power but the same has to be exercised in terms of limitations provided under Article 226 read with Article 12 of the Constitution of India. From a perusal of the pleadings, it is apparent that neither the said Vishakha Industries Limited comes within the scope of Article 12 of the Constitution of India, nor does it perform any public function with regard to grievance of petitioner. As such the writ petition is not maintainable for issuance of a writ in the nature of certiorari for quashing the termination order.
Consequently, the writ petition being devoid of merits is dismissed granting liberty to petitioner to approach to appropriate forum.
Order Date :- 8.1.2021 prabhat