Private body and writ of certiorari
bhanu pratap720
(Querist) 15 December 2011
This query is : Resolved
CAN A WRIT OF CERTIORARI(UNDER ARTICLE 226) BE ISSUED AGAINST A PRIVATE BODY REGISTERED UNDER SOCIETIES REGISTRATION ACT FOR DISMISSAL OF AN EMPLOYEE ?
Advocate. Arunagiri
(Expert) 15 December 2011
Writ can be issued against private company and on individual also.
You have to establish that there is no other alternative remedy and you have to establish that your fundamental rights are violated.
Raj Kumar Makkad
(Expert) 16 December 2011
As a writ of this nature can be filed only against an authority which comes under the definition of State so the society registered under society registration act do not come within such ambit.
Advocate. Arunagiri
(Expert) 16 December 2011
There are numerous cases initiated against private bodies, example writs against schools.
If the school is not admitting the student as per the RTE act, writ can be issued against them.
In addition to this I am giving a selected portions as below:-
Maintainability of writ against non government body:
Federal Bank Ltd. Vs. Sagar Thomas and Others //(2003) 10 SCC 733//.
"A writ petition under Article 226 of the Constitution of India may be maintainable against (i) the State (Government); (ii) an authority; (iii) a statutory body; (iv) an instrumentality or agency of the State; (v) a company which is financed and owned by the State; (vi) a private body run substantially on State funding; (vii) a private body discharging a public duty or positive obligation of a public nature; and (viii) a person or a body under a liability to discharge any function under any statute, to compel it to perform such statutory function. It is no doubt true that a mandamus can be issued to any person or authority performing public duty, owning positive obligation to the affected party."
"For instance, if a private employer dispense with the service of its employee in violation of the provisions contained under the Industrial Disputes Act, in innumerable cases the High Court interfered and have issued the writ to the private bodies and the companies in that regard. But the difficulty in issuing a writ may arise where there may not be any non-compliance or violation of any statutory provision by the private body. In that event a writ may not be issued at all. Other remedies, as may be available, may have to be resorted to."
Sailesh Kumar Shah
(Expert) 16 December 2011
Arunagiri sir has left no scope to add anything against his reply.
