Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law
Case: Bharat Petroleum Corporation & Anr v. Saju A.R & Ors.
Coram: Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P
Case No.: W.A.NO.736 OF 2022
Court Observation: “If that right is one that accrues to the employee under the civil law or common law, then it might be open to the High Court to entertain the writ petition notwithstanding that there is an alternate remedy available to the employee concerned. If, however, the right alleged to be infringed is one that is created by the labour statute concerned, and the said statute also provides for a forum for its enforcement, then the rule of exclusivity mandates that the employee should be relegated to the forum prescribed by the legislature in its wisdom. To entertain a writ petition in such cases would tantamount to ignoring the statutory scheme.”
“If, however, the right can be traced only to the Settlement and not to the common law or the Constitution, the rule of exclusivity mandates that the writ court adopt a hands-off approach and relegate the employee to the remedy of raising an industrial dispute, and approaching the forums under the ID Act that are better equipped to adjudicate such matters.”
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Keywords
Writ Plea Alleging, Violation Of Rights
