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TMI Blog2021 (3) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... e the contention that the said Company fills the character of State or its instrumentality fitting into the definition given under Article 12 of the Constitution of India - the Writ Petition is misconceived. The contents of the letter of appointment keep beyond the pale of any doubt that appointment of the petitioner was purely contractual in substance; where the determination of services is occasioned by the terms of the contract or anything done under the terms, it does not become actionable in law, subject to all just exceptions into which the argued case of the petitioner does not fit - there is no choate cause of action for maintaining an action in law and more particularly, for invoking extraordinary jurisdiction of this Court, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019 (S-RES) - - - Dated:- 3-7-2020 - MR. KRISHNA S.DIXIT, J. FOR THE PETITIONER : SRI. S PARTHASARATHI, ADVOCATE FOR THE SRI.THIMMANNA BHAT, CGC FOR R1; SRI. K V OMPRAKASH, ADVOCATE FOR R2 R3; SMT. K SAROJINI MUTHANNA, ADVOCATE FOR R4; R5 IS SERVED AND UNREPRESENTED ORDER Petitioner, an Executive Director [now removed] of the 2nd respondent-Company, is knocking at the doors of writ court for assailing the letter dated 25.03.2019 issued by the Managing Director cum Chief Executive Officer of the said Company informing the decision of the Board of Directors in determining his contractual appointment. 2. After service of notice, the respondents having entered appearance through their respective Advocates, resist the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... You are also required to give three months notice in the event of resignation from the services of the company. The contents of the letter of appointment and more particularly, the aforesaid conditions keep beyond the pale of any doubt that appointment of the petitioner was purely contractual in substance; where the determination of services is occasioned by the terms of the contract or anything done under the terms, it does not become actionable in law, subject to all just exceptions into which the argued case of the petitioner does not fit; condition No.8 reserves liberty to the Company to dispense with services of the petitioner by issuing a three-month-notice, or three months gross emoluments in lieu of such notice; the assertion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a charter for judicial review of State actions and to call upon the State to account for its actions in its manifold activities by stating reasons for such actions. The court will not debate academic matters or concern itself with the intricacies of trade and commerce. If the action of the State is related to contractual obligations or obligations arising out of the tort, the Court may not ordinarily examine it unless the action has some public law character attached to it. Broadly speaking, the court will examine actions of State if they pertain to the public law domain and refrain from examining them if they pertain to the private law field. (d) there is some material which suggests that the impugned termination of the contract for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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