I would like to know what a Writ Petition is and when an employee needs to file one in court. Is it mandatory for an employee to file a writ petition in court? Under what circumstances and situations does an employee need to file a writ petition, and for what reasons? What relief does an employee seek by filing a writ petition in court, and what is the importance or significance of an employee filing a writ petition in court?
From India, New Delhi
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From India, New Delhi
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Dear Sunil,
"WRIT" means the orders issued by the Supreme Court or the High Courts under the powers vested in them under Article 32 or 226 of the Constitution of India respectively to the Central or State Governments or any authority as defined under Article 12, or any person discharging statutory obligations or obligations of a public nature in order to enforce the rights guaranteed under Part III of the Constitution. The writs can be in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and/or Quo Warranto.
A brief reading of Articles 32 and 226 would indicate that a Writ can be issued ONLY by the Supreme Court or the High Courts to any person or authority for the enforcement of the rights conferred in Part III of the Constitution and for any other purpose. Normally, therefore, a writ petition is maintainable only against the State or its instrumentalities or a person holding any public office.
However, the Supreme Court held recently in S.D. Siddiqui Vs University of Delhi and Others that a writ would lie against a private body only when it performed a public function or discharged a public duty. Therefore, we can conclude that an employee cannot invoke the writ jurisdiction directly against his employer to enforce his employment rights unless the employer happens to be an "Authority" under Article 12 of the Constitution.
The position is different when an employee files a writ appeal against the orders passed by any statutory authority in a disputed claim against his employer. Please treat it as my reply to your private message too.
From India, Salem
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6185"WRIT" means the orders issued by the Supreme Court or the High Courts under the powers vested in them under Article 32 or 226 of the Constitution of India respectively to the Central or State Governments or any authority as defined under Article 12, or any person discharging statutory obligations or obligations of a public nature in order to enforce the rights guaranteed under Part III of the Constitution. The writs can be in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and/or Quo Warranto.
A brief reading of Articles 32 and 226 would indicate that a Writ can be issued ONLY by the Supreme Court or the High Courts to any person or authority for the enforcement of the rights conferred in Part III of the Constitution and for any other purpose. Normally, therefore, a writ petition is maintainable only against the State or its instrumentalities or a person holding any public office.
However, the Supreme Court held recently in S.D. Siddiqui Vs University of Delhi and Others that a writ would lie against a private body only when it performed a public function or discharged a public duty. Therefore, we can conclude that an employee cannot invoke the writ jurisdiction directly against his employer to enforce his employment rights unless the employer happens to be an "Authority" under Article 12 of the Constitution.
The position is different when an employee files a writ appeal against the orders passed by any statutory authority in a disputed claim against his employer. Please treat it as my reply to your private message too.
From India, Salem
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Dear Sir,
This is related to the 577 term base case of ONGC, which I had already communicated to you. During my cross-examination at the Labour Court in Ahmedabad, Gujarat, by ONGC advocate, the Honourable judge wrote in his cross-examination notes that I did not file a writ petition in any court when I was not selected for a tenure contract after the January 2005 Personal Interview. The court declared that the January 2005 Personal Interview conducted by ONGC was illegal and invalid by stating that Section 2(oo)(bb) was never applicable to 577 term base employees.
In this scenario, would filing a writ petition be applicable to me, or was I correct in not filing a writ petition? Even if I had filed the writ petition during the year 2005 in any court, as the Honourable judge of the Labour Court mentioned in his write-up against my cross-examination by ONGC, it would become null, void, and irrelevant against the court's order to make all 577 term base employees permanent and provide re-joining from January 2005 onwards. This is because they were never separated from ONGC, as Section 2(oo)(bb) was never applicable to 577 term base employees, and I was never terminated nor did my term complete, as declared by ONGC in court up to the Supreme Court when the 577 term base case was under deliberation.
Kindly, reply with your opinion.
Regards,
Sunil
From India, New Delhi
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This is related to the 577 term base case of ONGC, which I had already communicated to you. During my cross-examination at the Labour Court in Ahmedabad, Gujarat, by ONGC advocate, the Honourable judge wrote in his cross-examination notes that I did not file a writ petition in any court when I was not selected for a tenure contract after the January 2005 Personal Interview. The court declared that the January 2005 Personal Interview conducted by ONGC was illegal and invalid by stating that Section 2(oo)(bb) was never applicable to 577 term base employees.
In this scenario, would filing a writ petition be applicable to me, or was I correct in not filing a writ petition? Even if I had filed the writ petition during the year 2005 in any court, as the Honourable judge of the Labour Court mentioned in his write-up against my cross-examination by ONGC, it would become null, void, and irrelevant against the court's order to make all 577 term base employees permanent and provide re-joining from January 2005 onwards. This is because they were never separated from ONGC, as Section 2(oo)(bb) was never applicable to 577 term base employees, and I was never terminated nor did my term complete, as declared by ONGC in court up to the Supreme Court when the 577 term base case was under deliberation.
Kindly, reply with your opinion.
Regards,
Sunil
From India, New Delhi
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Dear Sunil,
When the exercise of conducting interviews for the ousted FTC employees was deemed illegal, it becomes non-est. Therefore, in my considered opinion, any failure on your part to invoke the writ jurisdiction against your non-selection based on a non-est selection process cannot be a valid defense for ONGC.
From India, Salem
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When the exercise of conducting interviews for the ousted FTC employees was deemed illegal, it becomes non-est. Therefore, in my considered opinion, any failure on your part to invoke the writ jurisdiction against your non-selection based on a non-est selection process cannot be a valid defense for ONGC.
From India, Salem
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Respected Sir,
That means, as per your reply, I understood that ONGC cannot raise the issue of not filing a Writ Petition by me after the January 2005 personal interview for not selecting me in the tenure contract (against the non-existent January 2005 Personal Interview as per court declaration), which ONGC conducted for 577 term-based employees during January 2005.
I hope this is the message you are trying to convey to me.
Regards,
Sunil
From India, New Delhi
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That means, as per your reply, I understood that ONGC cannot raise the issue of not filing a Writ Petition by me after the January 2005 personal interview for not selecting me in the tenure contract (against the non-existent January 2005 Personal Interview as per court declaration), which ONGC conducted for 577 term-based employees during January 2005.
I hope this is the message you are trying to convey to me.
Regards,
Sunil
From India, New Delhi
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