The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph was considering an appeal against the Orissa High Court judgment which had dismissed the Writ Application filed under Articles 226 and 227 of the Constitution of India challenging the Award passed by the Labour Court, Bhubaneswar.
In General Manager, Electrical Rengali Hydro Electric Project, Orissa vs. Sri Giridhari Sahu, the bench made the following important observations:
In the case of Writ of Certiorari, no doubt, the Court also bears in mind that it is not axiomatic, or that upon a finding of illegality, a court is bound to interfere. The court may still exercise its discretion and decline jurisdiction unless there is manifest injustice.
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