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High Court of DelhiW.P.(C)/10530/2023

Attar Singh v. Bird Airport Hotel Pvt Ltd And ANR.

2025-07-11Hon'Ble Mr. Justice Prateek Jalan2 pages

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10530/2023 ATTAR SINGH .....Petitioner Through:

Mr. Avinash Gaur, Advocate.

versus BIRD AIRPORT HOTEL PVT LTD AND ANR. .....Respondents Through:

Mr.

Virender Mehta and Mr.

Abhishek Mohan, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 11.07.2025 CM APPL. 40430/2025 (for early hearing) 1.

This is an application filed by the petitioner for early hearing of the writ petition.

2.

With the consent of learned counsel for the respondents, the application is allowed, and the writ petition is taken on Board. 3.

The application is disposed of.

W.P.(C) 10530/2023 4.

The present writ petition has been filed against two respondents, being respondent No. 1 - Chief Executive Officer, Bird Airport Hotel Pvt. Ltd., and respondent No. 2 - General Manager, Roseate House, New Delhi. 5.

The reliefs sought are directed against a termination letter dated 02.06.2023, by which the respondents have terminated the petitioner's services as Director of Engineering, and a direction for adjudication of W.P.(C) 10530/2023 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2025 at 13:21:11

allegation levelled against the petitioner by way of an impartial inquiry. The petitioner also seeks reinstatement in service. An alternative prayer has also been made for releasing the petitioner's two months' salary, as well as consequential benefits thereof .

6.

A preliminary objection is taken by the respondents to the effect that the writ petition is not maintainable, as it concerns service dispute of a purely private and contractual nature.

7.

It is not disputed that the respondents are private entities. The business of the respondents is running a private hotel. There is no suggestion in the writ petition with regard to discharge of any public function, which attracts the jurisdiction of the constitutional Court under Article 226 of the Constitution. Reference in this context is made to the recent judgments of the Supreme Court in S. Shobha vs. Muthoot Finance Ltd [2025 SCC OnLine SC 177] and R.S. Madireddy v. Union of India [2024 SCC OnLine SC 965].

8.

Consequently, the writ petition is dismissed, with liberty to the petitioner to take any alternative remedy, as may be available to him in law. PRATEEK JALAN, J JULY 11, 2025 UK/AD/ W.P.(C) 10530/2023 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2025 at 13:21:11