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"This is a labour dispute..what can a public functionary do in this..", the CJI asked the petitioner before him
The Supreme Court on Friday refused to entertain a writ petition filed by one Zahid Shaukat against the Prime Minister's Office over not dealing with his repeated complaints filed on his termination from a private company.
It was Shaukat's case that post his wrongful termination from Google, he filed number of complaints with the PMO but no response was received.
CJI DY Chandrachud led bench told Shaukat that he was supposed to approach the labour law machinery for a private dispute with his employer.
"This arises out of a private contract of employment, you have to pursue your remedies on discriminatory reasons..", the bench said on Shaukat's submissions that he was discriminated against because he belonged to a particular region.
Court went on to dismiss the petition filed under Article 32 while noting that, "NO MEMBER OF THE GOVERNMENT CAN DIRECT A PRIVATE EMPLOYER TO REINSTATE SOMEBODY, THANKFULLY WE HAVE THE RULE OF LAW...".
The bench also comprising Justices Pardiwala and Manoj Misra told Shaukat that the government can't direct a private company to reinstate him.
"If it is a termination by the government, we could have exercised our jurisdiction. The government is independently amenable to our jurisdiction, but a private employer is not so. You have to pursue remedy under the industrial law," the bench added.
Case Title: Zahid vs. PMO
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