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Q:

Hi, I was working for a private NBFC company as Manager. I was illegally terminated by the management. following are the information is about my company 1. It was started by PSU Bank in the year 1987. 2. Currently, It holds around 30% of share in the company. 3. MD of the Company is General Manager of PSU Bank. 4. Dy MD of the company is DGM of PSU Bank (appointed on 28-04-2018) 5. As per Annual Report of 2017-18 Out of 7 BOD (including MD), 3 are from Canara Bank 6. Out of total Long-term finance, around 51.19% is from NHB (National Housing Bank) SBI and Canara Bank as per Annual report 2017-18 7. It also accepts public deposit My question is whether the company comes under the definition as per Supreme Court Judgement in AJAY HASIA "Considering the test formulating in Ajay Hasia case, and holding that the tests so laid down, were not a rigid set of principles, so that if a body fell within anyone of them, it must, ex hypothesis, be considered to be a State within the meaning of Article 12, the majority ruled that the question in each case would be – “whether in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of Government. Such control must be particular to the body in question and must be pervasive." As the company is 1. Financially: It is financed by more than 51% from NHB, SBI and Canara Bank. 2. Functionally: 3. Administratively: MD is on deputation from PSU Bank, Controlling and Administrating the day to day function of the Company. Am i eligible to file WRIT in the high court under article 12 of Constitution or under which court i can file my case so that i can be reinstated by the company Regard Aniket Jain

A:

Dear Sir,

 

You can take a chance by filing writ petition by hiring services of a talented advocate and you may succeed.

 

PLEASE GIVE ME RATING AS  RANK 5 




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