Can You File a Writ Petition When the ID Act Offers an Alternative Remedy?

Whether a writ petition is maintainable when an alternative remedy under the ID Act is available?

In legal matters, the question of whether a writ petition can be filed when there is an alternative remedy under the Industrial Disputes (ID) Act is a common concern. The principle of exhaustion of alternative remedies is often cited in such cases, emphasizing that parties should typically avail themselves of existing procedures before seeking relief through writ jurisdiction. However, there may be exceptions to this rule based on the specific circumstances of each case. It is essential to consider the nuances of the situation and seek legal advice to determine the appropriate course of action.

Writ Jurisdiction and Alternative Remedies

Not only under the IDA of 1947, when an alternative remedy is available under any particular law, the Court will not exercise its writ jurisdiction. Normally, the writ petition would be dismissed accordingly.

Elaborating on the legal position of the Writ jurisdiction

Elaborating on the legal position of the Writ jurisdiction of the Supreme Court and the High Courts, as pointed out by our KK!HR, I would like to add that it can be exercised even against a private company when it is charged with or delegated to do certain public functions. This is the ratio decidendi of the judgment of the Supreme Court in N.C. Mehta v Union of India and Others.

Writ jurisdiction in industrial disputes

However, in industrial disputes, the writ jurisdiction of the High Court is invoked under Article 226 by either the employer or the employee only when either one is aggrieved by the orders of the authorities under the IDA, 1947. The position is the same in respect of other labor laws too, where the decision of an authority is said to be final.

Dear Elite CiteHR Leaders, thanks for your feedback. I have one doubt. Usually, a writ can be filed against any government department or court, but it cannot be filed against private companies or individuals. A writ of habeas corpus directs the local police to find a missing person. Can a writ be filed against private companies or union offices?

Please let me know if you need any further clarification. Thank you.