RAJESH KUMAR SINGH Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2009-4-856
HIGH COURT OF ALLAHABAD
Decided on April 28,2009

RAJESH KUMAR SINGH Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

Rakesh Sharma, J. - (1.) These writ petitions involve common question of law, hence they are decided by a common order.
(2.) This bunch of writ petitions has been filed by a group of workers who were engaged in M/s. Reliance Industries Ltd., Allahabad Manufacturing Division, Allahabad (hereinafter referred to as M/s. R.I. Ltd.) assailing the order dated 26.5.2008 passed by respondent No. 2 by which their services were dispensed with invoking clause (iv) contained in the appointment letter issued by the Company to the workers. A perusal of the order reveals, that the order of termination or dispensation of service has been passed by the concerned officer of Capital Company's Human Resources Department (H.R. Department) in accordance with the terms and conditions of the appointment letter. Two months' pay in lieu of notice has been tendered to the workers'. In addition to M/s. Reliance Industries Ltd., Section 5.P., Allahabad and Secretary to the Government of U.P., Heavy Industry have also been impleaded as respondents to the writ petition.
(3.) At the outset a preliminary objection has been raised by learned Counsel for the M/s. R.L Ltd., that this Company is neither State nor an instrumentality of State. It is not amenable to the writ petition under Article 226 of the Constitution of India. M/s. Reliance Industries Ltd. is a public limited company of the private sector registered under the Companies Act, 1956 as Public Limited Company. The factory at Allahabad is one of the factories of M/s R.L Ltd. and part of M/s. Mukesh Dhirubai Ambani conglomerate. M/s. R.I. Ltd. is neither State nor other authority within the meaning of Article 12 of the Constitution of India. This writ petition is not maintainable in this, Hon'ble Court as M/s R.L Ltd. not being a State or an instrumentality of State is not amenable to the writ jurisdiction of the Court under Article 226 of the Constitution of India.;


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