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2021 (4) TMI 1278 - HC - Indian LawsSeeking multifarious reliefs embracing several causes of action, including a challenge to the termination orders of the employees working in the Food and Beverages department of Delhi Golf Club - issuance of various directions to DGC, Government of India, Government of National Capital Territory of Delhi and other Authorities under different labour welfare legislations - HELD THAT:- The functions carried out by DGC cannot even remotely be termed as public functions. Providing recreation as a Club to its restricted members cannot be compared to the functions of the BCCI on any pedestal. Since this Court has held that writ petitions are not maintainable as no writ would lie against a private body not performing public functions, it would be unnecessary to decide the other issues raised by the parties including the existence or otherwise of an alternate remedy. It is left open to the Petitioners to resort to appropriate remedies available to them in accordance with law for ventilating the grievances raised in the present petitions. It is made clear that this Court has not expressed any opinion on the merits of the issues raised. Petitioners seek prosecution of the office bearers of DGC, alleging violation of the various provisions of the Industrial Disputes Act, 1947, Factories Act, 1948, Disaster Management Act, 2005 and Contract Labour (Regulation & Abolition) Act, 1970. The reliefs sought cannot be granted by this Court as it is the prerogative of the State Government to initiate prosecution, depending on the facts and circumstances of each case before it. A writ of mandamus cannot be issued for directing prosecution or institution of legal proceedings to any party and there is a complete mechanism available to the Petitioners under the relevant statutes for the said purpose. Petition dismissed.
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