Binny Ltd. v/s V. Sada sivan (SC)
2005 AIR (SC) 3202 : 2005 (6) SCC 657 : 2006 (2) ALR 25

A. Constitution of India, Articles 12, 32 and 226 - Contract of Employment - Termination of Service - Scope of judicial review - Exercise of writ jurisdiction by the High Court - Held :- 
(i) writ of mandamus can be issued against a private body, but, there must be a public law element and it cannot be exercised to enforce purely private contracts entered into between the parties. 
(ii) Employment to seek redressal of their grievances in civil law or under the labour law.
(Paras 26 and 27)

Constitution of India, Articles 12 and 226 - Contract of Employment - Termination of service 

Constitution of India, Articles 12 and 226 - Contract of Employment - Termination of service - Held, cases were purely governed by the contract of employment entered into between the employees and the employer - It cannot be said to have any element of public policy.
(Para 25)
Contract Act, Section 23 - Constitution of India, Articles 12 and 226 - Judicial review - Contract of employment - Scope of - Held, in contractual matters even in respect of public bodies, the principles of judicial review have got limited application - If a term of a contract is violated, ordinarily the remedy is not a writ petition under Article 226.
(Para 25)

Writ of mandamus against a private body

Constitution of India, Article 12 - State - Writ of mandamus against a private body - Scope of - Held, a writ of mandamus can be issued against a private body which is not a 'State' within the meaning of Article 12 of the Constitution but there must be a public law element.
(Para 26)

Constitution of India, Article 226 - Writ of mandamus - Scope of - Held, Scope of mandamus is limited to enforcement of public duty - The scope of mandamus is determined by the nature of the duty to be enforced, rather than the identity of the authority against whom it is sought.
(Para 23)

Public Authority - Definition of - Held, There cannot be any general definition of public authority or public action - The facts of each case decide the point.
(Para 23)

Industrial Disputes Act

Industrial Disputes Act, 1947 - Constitution of India, Articles 12 and 226 - Distinction between labour law and the service rules - Public policy principle - Application of - Held, The public policy principles can be applied to the employment in public sector undertaking in appropriate cases - But the same principles cannot be applied to the private bodies - The service rules and regulations which are applicable to govt. employees or employees of public sector undertaking stand on a different footing.
(Para 20)

Constitution of India, Article 12 - 'Any person or authority' - Relevancy of - Held, The form of the body concerned is not relevant - What is relevant is the nature of the duty imposed on the body - No matter by what means the duty is imposed, if a positive obligation exists, mandamus cannot be denied. www.lawyerchennai.com