Upasani Kanyakumari Karmchari Sanghatna vs Upasani… — Writ and Judicial Review | Bombay HC (2025)

Upasani Kanyakumari Karmchari Sanghatna vs Upasani… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Mandamus not issued; petitioner directed to move an application before the Circuit Bench or the appropriate Bench of the Industrial Tribunal for orders that Appeal No.152 of 2017 be decided expeditiously, such application to be decided by the concerned Presiding Officer on its merits and in accordance with law; all contentions kept open; no costs.

Issue for consideration

Whether a writ of mandamus (or an order or direction in the like nature) should issue to Respondent No.3, the Hon'ble Central Government Industrial Tribunal No.1, to fix the hearing of Appeal No.152 of 2017 as early as possible.

Court's answer

Considering the observations of the Constitution Bench of the Supreme Court in High Court Bar Association, Allahabad v. State of Uttar Pradesh, the Court opined that it would be appropriate for the petitioner to move an application before the Circuit Bench or before the appropriate Bench of the Industrial Tribunal praying for orders that the proceedings of Appeal No.152 of 2017 be decided expeditiously, rather than issuing the mandamus sought.

Ratio / Principle

If such application is made by the petitioner, it is to be decided by the concerned Presiding Officer of the Tribunal on its merits and in accordance with law.

Key takeaways

All contentions of the parties were kept open in the pending proceedings and the writ petition was disposed of on these terms, with no costs.ratio¶20

Detailed headnote1 paragraphs

Writ Petition (Article 226) — High Court of Judicature at Bombay, Civil Appellate Jurisdiction — Coram: G. S. Kulkarni & Advait M. Sethna, JJ. — Decided 5 February 2025. Shri Upasani Kanyakumari Karmchari Sanghatna (employee union) petitioned for a mandamus to Respondent No.3, the Hon'ble Central Government Industrial Tribunal No.1, to fix the hearing of Appeal No.152 of 2017 at the earliest against Respondent No.1, Shri Upasani Kanyakumari Sanstha. Counsel for the Union of India informed the Court that a vacancy existed and a Circuit Bench would be available on 10 February 2025. Having regard to the observations of the Supreme Court Constitution Bench in High Court Bar Association, Allahabad v. State of Uttar Pradesh, (2024) 6 SCC 267, the Court did not issue the mandamus; instead it held it appropriate for the petitioner to move an application before the Circuit Bench or the appropriate Bench of the Tribunal praying that Appeal No.152 of 2017 be decided expeditiously, such application to be decided by the concerned Presiding Officer on merits and in accordance with law. All contentions kept open; writ petition disposed of; no costs.

9-WP-11184-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 11184 OF 2024

Shri Upasani Kanyakumari Karmchari Sanghatna ...Petitioner Versus Shri Upasani Kanyakumari Sanstha and Ors. ...Respondents __________

Mr. Somnath Thengal, for the Petitioner.

Digitally signed by PALLAVI PALLAVIMAHENDRAWARGAONKAR MAHENDRAWARGAONKARDate:2025.02.06 21:18:33 +0530

Ms. Samiksha Kanani, for the Respondent No.1. Ms. S.D. Vyas, Addl. G.P. a/w Ms. T.J. Kapre, AGP, for Respondent No.4 – State.

CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE : 5 FEBRUARY 2025

P.C.:

This petition under Article 226 of the Constitution of India is filed

praying for the following substantive relief:-

“(a) This Hon’ble Court be pleased to issue writ of mandamus, or a writ, order or direction in the like nature or any other appropriate writ, order or direction to the Respondent No.3 the Hon’ble Central Government Industrial Tribunal No.1 to fix the hearing of the Appeal No.152 of 2017 as early as possible.”

We are informed by the learned counsel for the Union of India that presently there is a vacancy, hence a Circuit Bench is constituted which would be available on 10 February 2025.

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Pallavi Wargaonkar, PS

9-WP-11184-2024.doc

In our opinion, considering the observations which are being made by the Constitution Bench of the Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and Ors. 1, it would be appropriate for the petitioner to move an application before the Circuit Bench or before the appropriate Bench of the Industrial Tribunal praying for orders that the proceedings of Appeal No.152 of 2017 be decided expeditiously.

If such application is made by the petitioner the same be decided by the concerned Presiding Officer of the Tribunal on its merits and in accordance with law.

Thus, keeping open all the contentions of the parties in the pending proceedings the writ petition stand disposed of the aforesaid terms. No costs.

Parties to act upon an authenticated copy of this order.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]

1 (2024) 6 SCC 267 Pallavi Wargaonkar, PS

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