Legal Question in Constitutional Law in India

Shreya is a 28 yrs old married lady who is working as a manager in a multinational company, in Delhi.Her working hours are 09:30 AM to 5:30 pm and saturday and sunday are holidays. She is very dedicated. Her immediate boss(General Manager) who is so dedicated that he did not marry throughout his life and who works in office from 8:00 am to 10:00 pm,calls Shreya at 11 pm due to which her married life is being destroyed. Shreya has denied him 4 times already and makes a complaint against him in the company.it is her fourth such complaint. But managing director of company who although accepts that the reasons for which Mr. Smith called were not urgent but he does not take any action and justifies the actions of Mr. Smith. Shreya warns the company that if it does not take any action she will approach the court but company does not do anything. then she has filed a writ petition under article 226 in high court against the company for the infringement of her Fundamental right. Can she do so? is her writ maintainable. is her Fundamental right really infringed? what points can shreya put forward to win the case?


Asked on 11/27/13, 6:25 pm

2 Answers from Attorneys

no academic problems plzz

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Answered on 11/27/13, 9:24 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

No the writ petition is not maintainable as a writ has to be filed against the state or any instrumentalities of the state. You may drop in a detailed query at [email protected]

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JSR/281113

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Answered on 11/27/13, 9:48 pm


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