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 A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P ruled that in labour matters, the origin of the right alleged to be infringed decides if a High Court should exercise its discretionary remedy under Article 226 of the Constitution to entertain a petition filed by an employee alleging infringement of his rights by the employer. The Court then proceeded to hold that in cases where there is an overlap or intersection of these rights, it might be possible for the High Court to intervene, subject to the finding that circumstances exist for exercising its discretionary jurisdiction The petitions were preferred by some employees and recognised trade unions of the Bharat Petroleum Corporation Ltd, Kochi Refinery, aggrieved by an Office Memorandum that took away the benefit of a Post Retirement Medical Benefit Scheme granted generally to its employees, from those employees who had less than 15 years of service as on 01.06.2021. The question before the Bench was if a writ petition in cases where an employee is effectively seeking the enforcement of rights conferred under an industrial settlement is maintainable.

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History of this topic

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions
1 month, 1 week ago

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions

Live Law  

The Kerala High Court has stated that proceedings that may result in punishments such as death, imprisonment and forfeiture of property should be filed as Writ Petitions. The Registrar clarified that as per a notification dated April 11, 2013, writ petition was adopted in the High Court for petitions under Article 226 for writ of Habeas Corpus and for other …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 2 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law  

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC
1 month, 3 weeks ago

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

Live Law  

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
1 month, 3 weeks 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, …

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains
3 months, 1 week ago

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains

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The Kerala stated that there is distinction between entertainability and maintainability of a writ petition filed under Article 226 of the Constitution. The division bench of Chief Justice Nitin Jamdar and Justice S Manu observed thus: “Even if alternate remedy is available to the Petitioner, that cannot be a ground to hold the writ petition under Article 226 of the …

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
7 months, 1 week ago

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

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The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building …

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs
7 months, 2 weeks ago

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs

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The Jammu and Kashmir and Ladakh High Court on Friday ruled that filing representations on stale matters or those barred by limitation cannot create a fresh cause of action or revive a dead claim, even if these representations are considered by competent authorities or the Court directs their consideration. Even though there is no period of limitation provided for filing …

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 …

Will A Company Become State Instrumentality Under Article 12 If Its Shares Are Held By PSUs? Supreme Court To Consider
10 months, 2 weeks ago

Will A Company Become State Instrumentality Under Article 12 If Its Shares Are Held By PSUs? Supreme Court To Consider

Live Law  

The Supreme Court has agreed to examine the question whether a company in which the shares are held by various Public Sector Undertakings, would be an instrumentality of the State, under Article 12 of the Constitution.The issue arose in a petition filed by the Kerala Industrial and Technical Consultancy Organisation challenging a judgment of the Kerala High Court that KITCO …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
11 months, 2 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
1 year ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court
1 year, 3 months ago

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court

Live Law  

The Kerala High Court recently set aside an order of the Magistrate Court allowing respondent's application in the suit to amend their pleadings stating that amendments, that are not required for adjudicating the real dispute between the parties and are outside the scope of the reliefs sought in the suit, ought not to be allowed. Moreover, the amendment sought for …

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court
1 year, 9 months ago

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court

Live Law  

The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case …

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material
1 year, 11 months ago

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

Live Law  

The Kerala High Court on Monday came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'. Justice Bechu Kurian Thomas while dismissing a plea alleging State's Top officials of influencing others to destroy petitioner's life, imposed a cost of Rs.25,000/- payable to the Kerala Legal Services Authority. The petitioner also …

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 …

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers
2 years, 3 months ago

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers

Live Law  

The Kerala High Court on Friday dismissed the plea moved by an ex-councillor of Thiruvananthapuram Municipal Corporation for CBI or judicial investigation into Thiruvananthapuram Mayor Arya Rajendran's purported letter seeking a list of CPI party members for appointment to various posts on a contract basis in the Health Division of the Municipal Corporation.Justice K. Babu dismissed the. The Kerala High …

State Govt Well Equipped To Decide Legality Of Panchayat Decisions, S.191 Kerala Panchayat Raj Act Is An Efficacious Alternate Remedy: High Court
2 years, 3 months ago

State Govt Well Equipped To Decide Legality Of Panchayat Decisions, S.191 Kerala Panchayat Raj Act Is An Efficacious Alternate Remedy: High Court

Live Law  

The Kerala High Court on Tuesday, while dismissing two Writ Petitions, observed that Section 191 of Kerala Panchayat Raj Act, 1994 is an efficacious, alternate statutory remedy against any resolutions or decisions taken by the panchayat.Section 191 of the KPR Act deals with the power of cancellation and suspension of resolutions etc. The Kerala High Court on Tuesday, while dismissing …

Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court
2 years, 6 months ago

Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court

Live Law  

The Kerala High Court has made it clear that the shareholder of a company cannot be made an independent party in a dispute between the company and its workmen.The observation was made in connection with a dispute between Rubber Wood India Pvt Ltd and its workmen, whereby the Rubber Board, being a shareholder of the company, was arrayed as a …

Writ Petition Is Maintainable Against The Award Of The MSME Council Which Failed To Give A Hearing On Limitation : Orissa High Court
2 years, 11 months ago

Writ Petition Is Maintainable Against The Award Of The MSME Council Which Failed To Give A Hearing On Limitation : Orissa High Court

Live Law  

The High Court of Orissa has observed that a writ petition is maintainable against an award rendered by the MSME Council under S. 18 of the MSMED Act wherein the petitioner was not given a hearing on a material issue regarding the limitation of the substantive claims. The Single Bench of Justice Arindam Sinha has observed that in cases where …

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

Live Law  

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 In Contractual Matters Maintainable If Work Payment Arbitrarily Withheld By State Or Its Instrumentality: Andhra Pradesh High Court
2 years, 11 months ago

Writ Petition In Contractual Matters Maintainable If Work Payment Arbitrarily Withheld By State Or Its Instrumentality: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently reiterated that a writ petition in contractual matters is maintainable if State or any instrumentality of the State acts arbitrarily by withholding the amount legitimately payable to the contracting party. The respondents had failed to pay the amount even after execution of work and therefore, the High Court could entertain the writ and direct …

Writ Plea In Contractual Matters Lies Against State, Instrumentalities If Amount Is Admitted & Undisputed: Allahabad High Court
3 years, 1 month ago

Writ Plea In Contractual Matters Lies Against State, Instrumentalities If Amount Is Admitted & Undisputed: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that there is no absolute bar on the maintainability of a writ petition against the state and its instrumentalities in contractual matters.The Bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava remarked that where the amount is admitted and there is no disputed question of fact requiring adjudication of detailed evidence. …

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC
3 years, 6 months ago

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC

Live Law  

The Karnataka High Court recently observed that writ petition filed under Article 226 of the Constitution of India by a Gram Panchayat in furtherance of its objective of protection of a public property is maintainable. Further, it was said, "The present writ petition filed by the Gram Panchayat is in furtherance of its objective of protection of a public property, …

Are Petitions Alleging Judicial Misconduct Maintainable? Kerala High Court To Decide
3 years, 6 months ago

Are Petitions Alleging Judicial Misconduct Maintainable? Kerala High Court To Decide

Live Law  

The Kerala High Court on Thursday inquired as to the maintainability of two petitions alleging judicial misconduct against one of its sitting judges and two of its retired judges in light of their orders in the Maradu flats demolition issue. Justice P.B Suresh Kumar while condemning the petitions orally remarked:"If the Court entertains writ petitions like these, how will judges …

Can't Entertain A Writ Petition Merely Because Petitioner Participated In Online Selection Process For Gujarat Institute From Here: Kerala High Court
3 years, 7 months ago

Can't Entertain A Writ Petition Merely Because Petitioner Participated In Online Selection Process For Gujarat Institute From Here: Kerala High Court

Live Law  

The Kerala High Court on Tuesday declined to entertain a petition that challenged the selection process of a Gujarat Institute in which the petitioner had participated online from the State of Kerala. The question before the Bench was whether the High Court can entertain a writ petition merely for the reason that the petitioner has participated in the selection process …

Can Enforcement Directorate Maintain Writ Petition Against State Govt? Kerala High Court Reserves Order
3 years, 8 months ago

Can Enforcement Directorate Maintain Writ Petition Against State Govt? Kerala High Court Reserves Order

Live Law  

The Kerala High Court on Tuesday reserved order on the preliminary objections raised by State of Kerala against the maintainability of a writ petition filed by Enforcement Directorate.The Enforcement Directorate had approached the High Court under Article 226 of the Constitution of India challenging the State Government's notification which constituted a judicial commission to inquire into. The Kerala High Court …

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties
4 years, 1 month ago

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties

Live Law  

Can writ jurisdiction be invoked for effective settlement of disputes between private parties? A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence by writ courts could help in delivery of justice.In this case, the Secretary of the. A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence …

Writ Petition Cannot Be Entertained Ignoring Statutory Dispensation: Himachal Pradesh High Court
4 years, 2 months ago

Writ Petition Cannot Be Entertained Ignoring Statutory Dispensation: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has observed that a writ petition should not be entertained ignoring the statutory dispensation.In this case, M/s Radha Krishan Industries had approached the High Court by filing a writ petition challenging an order passed by GST Authorities provisionally attaching the payment receivable by it from a consumer. In this case, M/s Radha Krishan Industries had …

Supreme Court Issues Notice On SLPs Against Kerala High Court Judgment On Minimum Wages Rules
4 years, 3 months ago

Supreme Court Issues Notice On SLPs Against Kerala High Court Judgment On Minimum Wages Rules

Live Law  

The Supreme Court on Friday issued notices on two special leave petitions filed against a judgment of the Kerala High Court dealing with amendments brought to the Kerala Minimum Wages Rules.The SLPs were filed by the State of Kerala and Tata Consultancy Services Ltd.The High Court had struck down an amendment brought to the Rules which mandated the payment of …

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]
4 years, 5 months ago

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that writ jurisdiction under Article 226 cannot be invoked to challenge an order passed by the National Company Law Tribunal.Accordingly, a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly set aside a judgment passed by a single bench, which granted a limited relief to a party in a challenge …

Petitions Relating To Industrial Disputes Will Not Be Listed If Exceptional Circumstances Are Not Disclosed: Delhi HC Registry [Read Order]
4 years, 5 months ago

Petitions Relating To Industrial Disputes Will Not Be Listed If Exceptional Circumstances Are Not Disclosed: Delhi HC Registry [Read Order]

Live Law  

The Registry of the Delhi High Court has issued an office order stating that no petition related to the industrial disputes will be listed if exceptional circumstances under which relief is sought are not disclosed in the petition. The said office order has been issued to give effect to the judicial order passed by the Single Bench of Justice JR …

Writ Petition Relation To Industrial Dispute To Not Be Listed Unless 'Exceptional Circumstances' Disclosed In Synopsis, Opening Paragraphs: Delhi HC [Read Judgment]
4 years, 5 months ago

Writ Petition Relation To Industrial Dispute To Not Be Listed Unless 'Exceptional Circumstances' Disclosed In Synopsis, Opening Paragraphs: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that a writ petition relating to an industrial dispute shall not be listed unless it discloses 'exceptional circumstances' in the synopsis and in its opening paragraphs. "The law is well settled by the Supreme Court that a writ petition should not be entertained in respect of industrial disputes for which a statutory remedy is …

Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]
5 years, 11 months ago

Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]

Live Law  

The Supreme Court, last week, reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the High Court, when there is arbitrariness on the part of the state. The bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran observed thus in an appeal filed against the High court …

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]

Live Law  

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 …

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]
6 years, 2 months ago

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable.The bench comprising Justice Ashok Bhushan and Justice Indu Malhotra observed in State of Jharkhand v. Surendra Kumar Srivastava that writ petition under Article 227 challenging the orders passed by. …

Challenge against Collegium System: Kerala HC DB remits back the matter to Single Judge to decide afresh on maintainability [Read Order]
8 years, 7 months ago

Challenge against Collegium System: Kerala HC DB remits back the matter to Single Judge to decide afresh on maintainability [Read Order]

Live Law  

A Division Bench of High Court of Kerala, has remitted back a writ petition challenging collegium system of appointment of Judges to be considered afresh by the single bench. The single bench has been directed to consider the writ petition on the issue of maintainability.The registry of the court had earlier raised queries on the maintainability of the writ petition. …

Challenge against Collegium System: Kerala HC DB remits back the matter to Single Judge to decide afresh on maintainability [Read Order]
8 years, 7 months ago

Challenge against Collegium System: Kerala HC DB remits back the matter to Single Judge to decide afresh on maintainability [Read Order]

Live Law  

A Division Bench of High Court of Kerala, has remitted back a writ petition challenging collegium system of appointment of Judges to be considered afresh by the single bench. The single bench has been directed to consider the writ petition on the issue of maintainability.The registry of the court had earlier raised queries on the maintainability of the writ petition. …

Full Bench of Kerala High Court upholds Writ Petition against Private management; takes note of statutory obligation involved
10 years, 2 months ago

Full Bench of Kerala High Court upholds Writ Petition against Private management; takes note of statutory obligation involved

Live Law  

A Kerala High Court Bench comprising of Ag. Jayasankaran Nambiar, in an order delivered on 18th December, 2014, has held that a Writ Petition is maintainable even against a private management if there is violation of statutory obligation.Considering the various judgments on this point, the Court observed, "In view of. Jayasankaran Nambiar, in an order delivered on 18th December, 2014, …

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