Babulal Vishwakarma v. Nation Mineral Development Corporation Limited, Panna
1977-12-15
A.R.NAVKAR, SHIVDAYAL
body1977
DigiLaw.ai
Short Note : 1. The learned counsel for the respondent raised a preliminary objection that the Company being registered and incorporated under the Companies Act the relations between the Company and the petitioner will be governed by ordinary law of master and servants and as such there was no breach of obligation or duty. No statutory duty was cast upon the respondent in respect of the subject-matter of the case and no petition under Article 226 of the Constitution was maintainable. 2. The real grievance of the petitioner is that although he was selected for appointment as a foreman and that he has been working as a foreman, he is not being appointed as a foreman. A mandamus cannot be issued to a Company directing it to appoint a person as foreman instead of an assistant foreman. For such relief, Article 226 of the Constitution is not available to the petitioner and as such the preliminary objection succeeds and is allowed. Ramswarup Gupta vs. M.P. State Co-operative Marketing Federation Ltd. AIR 1976 MP 152 relied on. Praga Tools Corporation vs. C.V. Ioenual and Others, AIR 1969 SC 1306 referred to. Petition dismissed.