The High Court at Ranchi examined a petition seeking a direction to dispose of representation. The court held mandamus cannot issue absent statutory provision for representation if it is not in nature of appeal, though respondents may decide claim under labour laws.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 6726 of 2016
Satish Kumar Tiwari, son of Badrika Nath Tiwari, Resident of Near Sri Ram Book Store @ Bikash Book Stall, Kurmidih Bazar, P.O. and P.S. Balidih, District Bokaro (Jharkhand) .... ..... Petitioner
Versus
.... ..... Respondents
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Anil Kr. Singh, Adv. For the SAIL : Mr. Shrestha Gautam, Adv.
05/ 06 . 03.2017 The learned counsel for the petitioner submits that the
respondents have sat over the claim of the petitioner. He seeks a direction upon the respondents for disposal of his representation.
2. The learned counsel for the respondents submits that the writ petition is not maintainable.
3. In law, except the cases where there is a statutory provision for representation which, in fact, is in the nature of appeal I find that no mandamus can be issued, for a direction for deciding the representation. However, the respondents may take a decision on the claim raised by the petitioner, in the light of the relevant provisions under the labour laws.
4. The writ petition stands disposed of.
(Shree Chandrashekhar, J.)
R.K./R. Sinha
3 issues framed by the court
Whether a writ of mandamus should be issued to direct the respondents to decide the petitioner's representation, noting that mandamus is generally not maintainable absent a statutory right of appeal.
Whether the respondent authorities should decide on the claim raised by the petitioner under labour laws.
Whether the writ petition is maintainable.
Satish Kumar Tiwari
Steel Authority of India Limited (SAIL), Bokaro Steel Plant
The General Manager, Steel Authority of India Limited (SAIL), Bokaro Steel Plant
The Chief Executive Officer, Bokaro Steel Plant
A.B. Construction Company
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
