The High Court dismissed a writ petition seeking issuance of mandamus for payment of salary arrears and pay fixation from a private limited company, holding it is not a State instrumentality under Article 12.
Writ petition dismissed with liberty to approach for common law remedy.
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Court No. - 4
Case :- WRIT - A No. - 22646 of 2018
Petitioner :- Lakshmi Shankar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajesh Kumar Singh,Aishwarya Kumar Singh Counsel for Respondent :- C.S.C.,Mangla Prasad Rai
Hon'ble Ajit Kumar,J.
The petitioner is a retired teacher of an institution run by Hindalco Pvt. Ltd. and who has been impleaded as a second respondent. The other respondents are the society and the management of the institution except one respondent no. 6 who has been impleaded as a District Basic Education Officer, Sonbhadra. The prayer that has been made in the writ petition is in the nature of mandamus in respect to the arrears of salary and fixation of pay as per the pay commission report from the respondents. This institution admittedly is not a government aided. The institution may be recognized by the Board of Basic Education so that certificates issued by it may be treated as duly recognized but no budgetary liability can be fixed upon the state-respondent namely, the sixth one. In the present case so the relief effectively and substantially is claimed against rest of the respondents who belong to a private limited company. Such company in the considered opinion of the court is not a state or instrumentality of the state within the meaning of Article 12 of the Constitution of India and, therefore, no mandamus can be issued to private person or a company which is not under any statutory obligation to perform the duty for enforcement of which writ may be issued.
In view of the above writ petition is not maintainable before this court under Article 226 of the Constitution for the nature of relief sought in the writ petition.
It is always open for the petitioner to approach for a common law remedy.
This writ petition is therefore, dismissed.
Order Date :- 5.12.2018 Rohit
3 issues framed by the court
Whether a writ of mandamus for payment of salary and fixation of pay can be issued against a private limited company under Article 226.
Whether the respondent company qualifies as an instrumentality of the State under Article 12 of the Constitution.
Whether the writ petition is maintainable for claiming arrears of salary from a non-government, non-aided private institution.
Lakshmi Shankar
State Of U.P
Hindalco Pvt. Ltd.
The Society
District Basic Education Officer, Sonbhadra
Ajit Kumar
As recorded by the court registry
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