38.6c New Delhi, India, Wednesday, April 24, 2024

No Petition Related to Industrial Disputes Will Be Listed if Exceptional Circumstances Are Not Disclosed: Delhi High Court Registry [READ ORDER]

By Neha Bharti      25 September, 2020 02:40 PM      0 Comments
Petition Delhi High Court Registry

The Registry of Delhi High Court has issued an office order states that no petition which is related to the industrial dispute will be listed only if the exceptional circumstances under which the petitioner seeks relief are not disclosed in the petition. 

The office order by the Registry has been issued to give effect to the judicial order passed by the Single Judge Bench of justices J R Midha on September 20, 2020, in the case of PTI Employees Union v. Press Trust of India Ltd. W.P.(C) 10605/2018, wherein he said that "if the writ petition does not disclose the "Exceptional Circumstances" in the writ petition the registry shall return the writ petition under objection to enable the writ petition to disclose the Exceptional Circumstances in the synopsis as well as in the opening paragraphs of the writ petition". 

Moreover, the Court has recommended that the order which is subject to the approval of the Chief Justice the Registry can also incorporate the following column in the checklist of writ petitions "Whether the writ petition has an alternate remedy? If so disclose the exceptional circumstances which may warrant the exercise of writ jurisdiction in the Synopsis as well as in the opening paragraphs of the writ petition?”

The Court has highlighted the sole test which is laid down by the Supreme Court for entertaining a writ petition related to the industrial dispute in the exercise of 'Exceptional Circumstances'. 

The Court also said that "it is a well-settled law by the Supreme Court that writ petition should not be entertained in respect of industrial dispute for which a statutory remedy is already available under the Industrial Dispute Act, 1947 unless ‘exceptional circumstances’ are made out. The Supreme Court has also explained that if the writ petition involves a disputed question of fact the writ petition should not be entertained. The writ jurisdiction is a discretionary jurisdiction and discretion should not ordinarily be exercise if there is an alternative remedy available to petitioner"

With reference to this order, the registry has given clarification that if the writ petition does not disclose the exceptional circumstances in the writ petition the registry will return such petition under objection.



Share this article:

Leave a feedback about this

Trending Judiciary
Denying child care leave to working mothers of disabled children violated constitutional mandate: SC

Supreme Court of India rules denying child care leave for mothers of disabled kids violates constitutional rights.

23 April, 2024 11:15 AM
Trending Environment
Ignorance is not bliss: Okhla Waste to Energy Plant needs to be relocated, residents argue

Questions on the suitability of waste-to-energy plants in Delhi are not new, but the 2,000 tonnes per day Waste to Energy (WTE) plant, situated in the middle of the dense residential areas around Sukhdev Vihar, is not just a major environmental worry but an example of how siting rules can be bent to accommodate a heavily polluting enterprise.

23 April, 2024 12:29 PM


Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM
Trending Judiciary
For wrong decision of suicide by person of 'frail mentality', who is to be blamed? Delhi HC gives view [Read Judgment]

If a man of 'frail mentality' takes the wrong decision to commit suicide, who is to be blamed? Delhi High Court gives a prima facie opinion in the matter.

18 April, 2024 03:23 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email