Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum

Brief Facts:

All Odisha Bharati Infratel Contractual Technicians Union filed a writ petition before the High Court of Odisha (“High Court”), representing a group of employees. These employees, employed by a private company, prayed before the High Court to annul an order against them. Additionally, they sought the issuance of a writ of mandamus against the concerned private companies.

Observations by the High Court:

The High Court held that a private company does not fall under the classification of the State as defined under Article 12 of the Constitution of India. Consequently, it held that the writ petition could not be maintained against these private companies. Therefore, the High Court disposed of the writ petition on the grounds of non-maintainability.

However, in acknowledgement of the Petitioner's right to seek redressal for their grievances, the High Court extended the liberty to the Petitioner to pursue alternative avenues for addressing their concerns by approaching any other appropriate forum. Furthermore, the High Court permitted the Petitioners to make an interim application before such an appropriate forum, with the assurance that such submissions will be duly considered in accordance with the prevailing legal provisions and principles.

Case Title: All Odisha Bharati Infratel Contractual Technicians Union (AOBICTU) BBSR vs Union Of India and Others.

Case Number: WP(C) No.7552 of 2024

Advocate for the Petitioner: Mr. Sukanta Kumar Nayak

Advocate for the Respondent: Mr. P.K. Parhi, DSGI along with Mr. B.K. Padhi, CGC Mr G. Mukherji, Sr. Advocate along with Mr S. Acharya, Advocate (For O.P. No.2 & 3) Mr Subir Palit, Sr. Advocate along with Mr S.S. Mohanty, Advocate (For O.P. No.5 & 6)

Click Here To Read /Download Order