Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights: SC [Read Judgment]
6 years, 1 month ago

Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights: SC [Read Judgment]

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The Supreme Court has held that employees cannot be granted a writ under Article 32 of the Constitution of India for claiming enforcement of any personal contractual rights against their employers. The bench comprising Justice Abhay Manohar Sapre and Justice R. Subhash Reddy ruled, "Even otherwise, no writ lies under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer." Accepting such contentions, the court opined that the petition cannot be entertained under Article 32 of the Constitution of India, and that if the petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement, his legal remedy lies in filing a civil suit or taking recourse to any other civil law remedy. "It is not in dispute that the parties are already prosecuting their grievances against each other in Civil Court in their respective civil suits filed by them against each other.

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History of this topic

Writ Petition Not Maintainable For Establishing New Rights In Contractual Disputes, But To Safeguard Rights Granted In Agreement: Allahabad HC
3 days, 13 hours ago

Writ Petition Not Maintainable For Establishing New Rights In Contractual Disputes, But To Safeguard Rights Granted In Agreement: Allahabad HC

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The Allahabad High Court has held that a writ petition in contractual disputes is maintainable if it has been filed to protect the rights which were created by the contract/ agreement. The bench of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra relied on Rajasthan State Industrial Development and Investment Corporation and another Vs. Diamond & Gem Development Corporation Limited …

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC
2 months ago

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC

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The Allahabad High Court has held that writ jurisdiction cannot be invoked to enter contractual unless exceptional circumstances are present, which include respondents agreeing to the outstanding dues. The petitioner approached the High Court under Article 226 of the Constitution of India, seeking payment of the dues on the grounds that financial constraints cannot be grounds to deny payment for …

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court
2 months ago

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

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The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, …

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
10 months, 1 week ago

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court

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The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited would no longer be maintainable due to AIL's subsequent privatisation. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta stated: “In wake of discussion made hereinabove, we do not find any reason to take a …

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
10 months, 2 weeks ago

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum

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The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. Brief Facts: All Odisha Bharati Infratel Contractual Technicians Union filed a writ petition before the High Court of Odisha, representing …

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
11 months, 1 week ago

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court

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The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the …

Can Writ Under Article 32 Be Issued Against A Private Individual? Supreme Court To Examine
1 year ago

Can Writ Under Article 32 Be Issued Against A Private Individual? Supreme Court To Examine

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The Supreme Court is set to examine a crucial point for its adjudication: "whether a writ under Article 32 of the Constitution of India can be issued against a private individual and if so under what circumstances an appropriate writ can be issued. To elaborate, On October 11, Y S Jagan Mohan Reddy, the Chief Minister of Andhra Pradesh, wrote …

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
2 years ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

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The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

Does Privatisation Of Air India Make Writ Petitions Filed Against It Non-Maintainable? Supreme Court To Consider
2 years, 2 months ago

Does Privatisation Of Air India Make Writ Petitions Filed Against It Non-Maintainable? Supreme Court To Consider

Live Law  

The Supreme Court has issued notice in a Special Leave Petition filed by employees of Air India Limited against the judgment and order dated 20-09-2022 of the Bombay High Court which held that Writ Petitions are not maintainable against the airline because of the subsequent privatisation of Air India Limited.The Writ Petitions had arisen out of non-grant of timely wage …

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court
2 years, 8 months ago

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court

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The Kerala High Court on Thursday held that a writ petition in cases where an employee is effectively seeking the enforcement of rights conferred under an industrial settlement is not maintainable before a High Court if the rights in question can only be traced to the settlement and not to any common or civil law. A Division Bench of Justice …

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court
2 years, 11 months ago

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court

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The Andhra Pradesh High Court recently observed that High Court cannot issue writs under Article 226 of the Constitution challenging the orders of the Labour Court as it is a Civil Court and only supervisory jurisdiction under Article 227 can be exercised. hile challenging an award under the Industrial Disputes Act, 1947, the Labour Court exercises powers and jurisdiction of …

Writ Petition Under Article 32 To Quash FIR/Criminal Proceedings Cannot Be Entertained: Supreme Court
3 years, 1 month ago

Writ Petition Under Article 32 To Quash FIR/Criminal Proceedings Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a writ petition under Article 32 of the Constitution of India to quash FIR/criminal proceedings cannot be entertained.It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. The Supreme Court observed that a writ petition under Article 32 of the Constitution of India to quash FIR/criminal …

Every Institution Must Have Confidence In Its Leader, Chief Justice's Decisions To Assign Matters Not Open to Judicial Review – Bombay High Court
3 years, 3 months ago

Every Institution Must Have Confidence In Its Leader, Chief Justice's Decisions To Assign Matters Not Open to Judicial Review – Bombay High Court

Live Law  

No litigant can decide which judge should be assigned to hear his matter as that is the absolute and unfettered power that vests with the Chief Justice, the Bombay High Court has held. The court further held that the Chief Justice can deviate from the roster and assign a matter to a particular bench, however, the decision to do so …

Supreme Court Monthly Digest: May 2021 [Citation LL 2021 SC 240 To LL 2021 SC 262]
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Supreme Court Monthly Digest: May 2021 [Citation LL 2021 SC 240 To LL 2021 SC 262]

Live Law  

Supreme Court Upholds Constitutional Validity of the Rajasthan Schools Act; Reads Down Sections 4, 7 and 10 A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari upheld the constitutional validity of the Rajasthan Schools Act, 2016. Orders Framing Charges Or Refusing Discharge Neither Interlocutory Nor Final; Not Affected By Bar U/Sec 397 CrPC: Supreme Court A bench comprising of CJI …

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