COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) 746/2008 Satyendra Kumar Rai ….Petitioner Versus Presiding Officer, Industrial Tribunal/ Labour Court, Haldwani, District Nainital & Another …….Respondents Sri P.S. Rawat, learned Counsel for the petitioner. Sri V.B. Singh, learned Sr. Advocate with Sri T.A. Khan, learned Counsel for the respondent no. 2. 23rd June, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for the following reliefs: “(i) Issue a writ order or direction in the nature of mandamus commanding the respondent to post the petitioner at the place of his original appointment i.e. Lalkuan District Nainital. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent No. 1 to decide the case No. 1/2006 between S.K. Rai Versus Senior General Manager (P&A) & Another and application under section 6F in the above case within the time framed by this Hon’ble Court, positively within a period of three months. 2 (iii) Any other order or direction, which this Hon’ble Court may deem just and proper in circumstances of the case. (iv) Award the cost of the petition to the petitioner.” 2. First prayer seeking a writ of mandamus to command the respondents to post the petitioner at the place of his original appointment i.e. Lalkuan, District Nainital is not maintainable in view of the settled legal position that no mandamus can be issued to a private company as the Century Pulp and Paper Mill is a private limited company. 3. In so far as the second prayer is concerned, no mandamus can be issued at present for the reason that there is no Presiding Officer in Industrial Tribunal/Labour Court, Haldwani, District Nainital and the Industrial Tribunal/Labour Court is lying vacant of which Hon’ble The Chief Justice has already taken note of the fact and has passed the order on 5.5.2008. 4. Last prayer is a dependent prayer. No other order is required. Writ petition is disposed of finally. Lay the paperbook before Hon’ble The Chief Justice for order of His Lordship in furtherance of the order dated 5.5.2008. (P.C. Verma, J.) 23.6.2008 Prabodh