Whether a writ petition is maintainable wherein alternative remedy under the ID Act is available?
From India, New Delhi
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425From India, New Delhi
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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.
From India, Salem
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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.
From India, Salem
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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.
From India, Salem
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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.
From India, Salem
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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.
From India, New Delhi
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Please let me know if you need any further clarification. Thank you.
From India, New Delhi
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Industrial Disputes Amendment Act 2010.doc
INDUSTRIAL DISPUTES ACT.pdf