HC dismisses Kochhar’s plea against termination

M u m b a i , March 5: The Bombay

High Court on Thursday dismissed a petition filed Chanda by Chanda Kochhar Kochhar against her termination as managing director and CEO of the ICICI Bank, noting the dispute arises from a contract of personal service.

A division bench of Justices N. M. Jamdar and M. S. Karnik accepted the bank's contention that Kochhar's petition was not maintainable as the dispute was contractual and concerns a private body. "The termination of the petitioner is in the realm of contractual relationship," the court said in its order.

Courts cannot exercise their writ jurisdiction when employment in a private entity is regulated by contracts, it further said.

"Contractual duties are enforceable as matters of private law by ordinary contractual remedies such as damages, injunction, specific performance and declaration," the high court said.

The bench in its order noted that even if an institution is performing a public duty and is amenable to writ jurisdiction, all its decisions would not be subject to judicial review.

"If the private body is discharging a public function and the denial of any right is in connection with the public duty imposed on such body, the public law remedy can be enforced," the court said.

It took note of the fact that ICICI was a private bank governed by a board of directors and did not receive any funds from the government.