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Petitions Relating To Industrial Disputes Will Not Be Listed If Exceptional Circumstances Are Not Disclosed: Delhi HC Registry [Read Order]

Karan Tripathi
24 Sep 2020 2:37 PM GMT
Petitions Relating To Industrial Disputes Will Not Be Listed If Exceptional Circumstances Are Not Disclosed: Delhi HC Registry [Read Order]
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The Registry of the Delhi High Court has issued an office order stating that no petition related to the industrial disputes will be listed if exceptional circumstances under which relief is sought are not disclosed in the petition.

The said office order has been issued to give effect to the judicial order passed by the Single Bench of Justice JR Midha onSeptember 20, wherein it was declared that:

'If the writ petitioner does not disclose the "Exceptional circumstances" in the writ petition, the Registry shall return the writ petition under objections to enable the writ petitioner to disclose the "Exceptional circumstances" in the Synopsis as well as in the opening paras of the writ petition.'

The court had further recommended in that order that subject to the approval of the Chief Justice, the Registry may incorporate the following column in the check list of writ petitions:-

"Whether the writ petitioner has an alternative remedy? If so, disclose the "Exceptional circumstances" which may warrant the exercise of writ jurisdiction in the Synopsis as well as in the opening paras of the writ petition?"

The court had further highlighted that the Sole Test laid down by the Supreme Court for entertaining a writ petition relating to an industrial dispute is the existence of 'Exceptional circumstances'. If the Court is satisfied on the existence of 'Exceptional circumstances', then and only then, the Court shall proceed to ascertain whether the writ involves disputed questions of fact. If the Court finds 'Exceptional circumstances' but the writ involves disputed questions of fact, then the writ petition shall not be entertained, meaning thereby that the writ petition may be entertained only if the Court is satisfied firstly, on the existence of 'Exceptional circumstances' and secondly, the writ petition does not involve disputed questions of fact.

In light of this order, the Registry has clarified that if the writ-petitioner does not disclose the "Exceptional circumstances" in the writ petition, the Registry will return such petition under objection.

Click Here To Download Order

[Read Order]



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