- (1.) The present writ petition was filed by the Petitioner challenging the Order dated 02.02.1993 at Annexure-1 to the writ petition whereby the Petitioner's service was decided to be no longer required with effect from 02.02.1993 in view of the decision of the management to abolish the post of Shift In charge.
(2.) The learned Counsel for the Respondents raised a preliminary objection against the maintainability of the writ petition contending, inter alia, that the employer, Ganges Fertilizer and Chemicals Ltd., is a private-owned company having its Board of Directors to run day-to-day administration and that neither the Central Government nor the State Government has any share capital or any holding in the Respondent company and as such, the same is neither a 'State' nor an 'instrumentality of the State Under Article 12 of the Constitution of India. Parties contested the proceeding Counter-affidavit was filed by the Respondent to which the Petitioner filed his rejoinder-affidavit. The Respondents filed a supplementary counter-affidavit dealing with some allegations in the rejoinder affidavit and the Petitioner filed his supplementary rejoinder-affidavit. Parties also filed respective written arguments.
(3.) The learned Counsel for the Petitioner relied upon various cases including the case of A/ay Hasia v. Khalid Mujib Sehravardi, 1981 AIR(SC) 487. Much stress has been given on the judgment In the case of M.C. Mehta v. Union of India, 1987 1 SCC 395, as therein also the case of a company dealing with chemical and fertilizers was being considered as to whether the same though Under the private management, is amenable to writ Jurisdiction. The other cases referred to by the learned Counsel for the Petitioner were Narendra Pal Gahlot v. State of Uttar Pradesh,1994 1 UPLBEC 51 and Anadi Mukta Sadguru S.M.V.S.J.M.S. Trust v. V.R. Rudani, 1989 AIR(SC) 1607. It was contended by the learned Counsel for the Petitioner that the earlier view about the meaning of the expression "other authorities" was broadened in the case of R.D. Shetty v. International Airport Authority, 1979 AIR(SC) 1628 wherein tests have been provided as relevant criteria for determining whether Corporation or any other body is an instrumentality or agency of the State. It has been further contended that following the said principles in various cases Societies, Government companies and even private companies have been held to be an instrumentality of the State and as. Such amenable to writ jurisdiction.;