FEDERAL BANK LTD. versus SAGAR THOMAS AND OTHERS

FEDERAL BANK LTD. versus SAGAR THOMAS AND OTHERS

A private company carrying on banking as a scheduled bank, without government ownership, control, or monopoly, and not performing public or statutory duties, is not 'State' or 'other authority' under Article 12. Regulatory provisions do not impose enforceable public obligations. Therefore, writ jurisdiction under Article 226 cannot be invoked against such a company for employment disputes unless it is to enforce statutory duties.

Parties
Appellant: Federal Bank Ltd.; Respondent No. 1: Sagar Thomas; Respondents: Respondent Nos. 2-3
Jurisdiction
India
Judgment Date
26 September 2003
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court
Outcome
Appeal allowed
Legal Topics
Definition of 'state' Under Article 12, Maintainability of Writ Petition Against Private Companies, Public Function or Statutory Duty by Private Bodies
Constitutional Law Definition of 'state' Under Article 12 Maintainability of Writ Petition Against Private Companies Public Function or Statutory Duty by Private Bodies

Case Brief

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Parties

Federal Bank Ltd.

Appellant

Sagar Thomas

Respondent No. 1

Respondent Nos. 2-3

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court

Legal Issues

  1. 1 Whether Federal Bank Ltd., a private scheduled bank, is 'State' or 'other authority' under Article 12 of the Constitution of India
  2. 2 Whether writ petition by dismissed employee is maintainable against Federal Bank Ltd. under Article 226

Ratio Decidendi

A private company carrying on banking as a scheduled bank, without government ownership, control, or monopoly, and not performing public or statutory duties, is not 'State' or 'other authority' under Article 12. Regulatory provisions do not impose enforceable public obligations. Therefore, writ jurisdiction under Article 226 cannot be invoked against such a company for employment disputes unless it is to enforce statutory duties.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside
  • Writ petition held to be not maintainable