K.S. Negi Son Of Late Shri Himmat Singh ... vs Director Of Factories, Labour ... on 18 August, 2007
In the case of Bihari Lal Chauhan v. Director of Factories, U.P. Kanpur and Anr. 2003 (2) AWC 1069 it is has held that a writ petition against the company is not maintainable. It repelled the petitioner's argumnent who was an employee of the company and challenged the transfer order, holding that merely because there are statutory rules governing the services of the petitioner, it does not mean that the respondent company is an instrumentality of the State. If the plea of the learned Counsel for the petitioner is accepted, then logically it will have to hold that a writ can be issued against the private factory owner since every factory is governed by statutory rules i.e the Factories Act, Industrial Disputes Act etc. Such a view cannot be countenanced. It is in very exceptional cases, where a public duty is imposed upon the person concerned, that a writ can be issued.