The High Court dismissed a writ petition seeking directions to labour officers to act on a representation regarding job transfer against private companies, holding the petition was not maintainable as the claim was against entities not falling under Article 12.
Petition dismissed; liberty reserved to invoke appropriate jurisdictional forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5893 of 2021
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Amit Kumar Singh, S/o Dharam Nath Singh, R/o C/o Narvdeshwar Giri, North of VMHE Inter School, Salempur, Mahadeva, District- Siwan, Pin Code- 841226
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kishore Kunal, Advocate For the Respondent/s : Mr.Dr. K.N. Singh, (ASG)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-02-2022
The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
following reliefs:-
“A. To issue an appropriate writ/order/direction in the nature of Mandamus directing the Respondent No. 2 to dispose of the representation dated 18.08.2020 of the Petitioner pending before him/her in relation to the job transfer status that remains unknown to the petitioner;
B. To any other relief or reliefs for which the Petitioner is found entitled to in the facts and circumstances of the case.”
Patna High Court CWJC No.5893 of 2021 dt.11-02-2022 2/2
(P. B. Bajanthri, J)
khushbu/-
AFR/NAFR CAV DATE Uploading Date Transmission Date
3 issues framed by the court
Whether a writ petition for direction to dismissal of a private limited company is maintainable under Article 226 of the Constitution.
Whether private limited companies fall under the definition of State under Article 12 of the Constitution.
Whether the petitioner's claim against private entities is entertainable by this court.
2 provisions across 1 enactments
Amit Kumar Singh
The Union Of India
The Labour Commissioner, Patna
M/s Wockhardt Ltd.
Dr. Reddys Laboratories Ltd.
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
