Writ Appeal No.999/2009
4.5.2010
Shri Rajendra Tiwari, for the appellant.
Heard on admission.
This writ appeal is directed against the order dated
24.8.2009, Annexure A1, passed by the learned Single Judge in
Writ Petition No.8277/2009 (S).
The facts briefly are that appellant was in the employment
of respondent no.2 which is a private limited company.
Respondent no.2 had taken up a project for the construction of
four lane road between Jhansi-Lakhnadon section of National
Highway No.26 in the State of Madhya Pradesh undertaken by
the National Highway Authority of India. On 1.11.2008 the
appellant was appointed by respondent no.2 as Deputy Project
Manager on certain terms and conditions. Respondent no.2 later
terminated his services by order dated 31.7.2009 with
immediate effect. Aggrieved, the petitioner challenged the order
in Writ Petition No.8277/2009 (S) on the ground that his services
have been dispensed with without affording any opportunity of
hearing. The learned Single Judge dismissed the petition holding
that respondent no.2, being a private limited company engaged
in the construction work, is not amenable to writ jurisdiction and
the petitioner has a remedy under civil law.
It is argued on behalf of the appellant that since
respondent no.2 is involved in the construction of national
highway, which is a public function, it falls within the meaning of
“State” and is amenable to the writ jurisdiction.
Admittedly, the appellant was not a public officer. His
removal has also nothing to do with the performance of public
function, if any, of respondent no.2. As already mentioned
above, respondent no.2 is purely a private limited construction
company. In the fact situation of case, we are in complete
agreement with the finding of learned Single Judge that remedy
available to the appellant is under civil law.
The appeal is accordingly dismissed summarily.
(AJIT SINGH) (ANIL SHARMA) JUDGE JUDGE ps