Bhaskar Bhattacharya, J. - (1.) :- The only question that falls for determination in this writ application under Article 226 of the Constitution of India is whether an employee of the CESC Ltd., a licensee under Indian Electricity Act, can invoke the writ jurisdiction of High Court being dissatisfied with the order of termination of service.
(2.) Mr. Verma, learned Counsel appearing for the petitioner, in support of this writ application has placed strong reliance upon two decisions of the Supreme Court.
(3.) First, he has relied upon the decision of the Supreme Court in the case of K.K. Krishnamacharyulu & Ors. v. Sri Venkateswara Hindu College of Engineering & Anr., (1997) 3 SCC 571 : [1997(2) SLR 448 (SC)]. In the said case some laboratory assistants of private college moved the writ application before the High Court seeking equal pay for equal work. The High Court turned down such application asking the petitioners to approach the Industrial Tribunal. It appears from paragraph 4 of the said judgment that in that case executive instructions were issued by the Government conferring on those persons right to claim the pay scale so as to be on a part with the Government employee and by filing such application those persons sought to enforce such right. Under such circumstances, the Supreme Court held that the writ application is maintainable. In my view, the principle laid down in the said decision cannot benefit an employee of CESC who is not in any way conferred with any right similar to that of a Government employee in the matter of employment. Thus the writ application is not maintainable against the employee /CESC challenging the decision of termination of service.;