LexRAMESH SANKA versus UNION OF INDIA & ORS.
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RAMESH SANKA
v.
UNION OF INDIA & ORS.
(Writ Petition (Crl.) No. 142 of 2018)
JANUARY 25, 2019
[ABHAY MANOHAR SAPRE AND
R. SUBHASH REDDY, JJ.]
Constitution of India – Art.32 – Personal contractual rights
inter se the employee and his employer – Petitioner alleged that
Respondent No.12 - a Limited Company committed several financial
irregularities in their business and financial dealing with many
Companies, firms and individuals in contravention of the provisions
of Several Acts/Rules/Regulations – Respondent No.12 contended
that writ petitioner was its former employee and that petition was
filed with an ulterior motive to tarnish the image of respondent no.12,
as some civil suits were pending between them – Held: In instant
case, petitioner has not claimed any relief in person qua respondent
no.12-Company – Even otherwise, writ petition u/Art.32 is not the
remedy for agitating any personal grievance in relation to any of
his contractual personal rights flowing from any service conditions
or any other agreement – If the writ petitioner has any personal
grievance in relation to his contractual personal rights, legal remedy
for petitioner lies in filing civil suit or taking recourse to any other
civil law remedy for adjudication and enforcement of his rights qua
respondent no.12-Company or anyone claiming through them as
the case may be – Since, parties were already prosecuting their
grievances against each other in Civil Court, the same have to be
pursued by them in accordance with law.
Dismissing the Writ petition, the Court
HELD: 1. At the outset, the writ petitioner has not claimed
any relief in person qua respondent No.12 – Company, in this
writ petition. Even otherwise, no writ lies under Article 32 of the
Constitution at the instance of any employee or the employer for
claiming enforcement of any personal contractual rights inter se
the employee and his employer. [Para 16] [430-A-B]
[2019] 2 S.C.R. 425
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SUPREME COURT REPORTS
[2019] 2 S.C.R.
2. If the writ petitioner has any personal grievance in
relation to any of his contractual personal rights flowing from any
service conditions or any other agreement with the respondent
No.12 – Company, his legal remedy lies in filing Civil Suit or take
recourse to any other civil law remedy for adjudication and
enforcement of his rights qua respondent No.12 – Company or
anyone claiming through them as the case may be. The writ
petition under Article 32 of the Constitution is not the remedy
for agitating any such grievance. [Para 17][430-B-C]
3. It is not in dispute that the parties are already prosecuting
their grievances against each other in Civil Court in their
respective civil suits filed by them against each other. If that be
the position, the same have to be pursued by them in accordance
with law against each other. [Para 18] [430-D]
4. Insofar IAs filed by the different applicants for claiming
various reliefs qua respondent No.12 – Company in relation to
their individual and collective grievances are concerned, all such
applicants would be at liberty to raise their grievances qua
respondent No.12 – Company whether individually or severally
for adjudication of their rights before an appropriate Judicial
Forum in accordance with law. [Paras 23, 24] [431-A-C]
State of Uttaranchal v. Balwant Singh Chaufal & Ors.
(2010) 3 SCC 402 : [2010] 1 SCR 678 ; K.D. Sharma
v. Steel Authority of India Ltd. & Ors. (2008) 12 SCC
481 : [2008] 10 SCR 454 ; Arun Kumar Agrawal v.
Union of India & Ors. (2014) 2 SCC 609 : [2014] 3
SCR 861 – referred to.
Case Law Reference
[2010] 1 SCR 678
referred to
Para 15
[2008] 10 SCR 454
referred to
Para 15
[2014] 3 SCR 861
referred to
Para 15
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CRIMINAL ORIGINAL JURISDICTION : Writ Petition
(Criminal) No.142 of 2018
Under Article 32 of the Constitution of India.
Tushar Mehta, SG, Anil Grover, AAG, Vikas Singh, Sanjay Hegde,
Shyam Divan, Sandeep Sethi, Nidhesh Gupta, S.K. Aggarwal, Sr. Advs.,
Ms. Chanchal Chauhan, Dr. (Mrs.) Vipin Gupta, Rajesh Kumar
Chaurasia, Sudhir Kathpalia, Anil Sharma, Mahesh Agarwal, Rishi
Agrawala, Ankur Saigal, Sameer Chaudhary, Anshuman Srivastava,
Ms. Shruti Garg, E. C. Agrawala, Ms. Aishwarya Bhati, P.K. Dey,
T.A. Khan, Ms. Suhasini Sen, B. V. Balaram Das, B. Krishna Prasad,
Ashish Bhan, Mohit Rohatgi, Aayush Mitruka, Bankey Bihari Sharma,
Ms. Richa Narang, Hitesh Mankar, Arvind Kumar SharExcerpt shown. Read the full judgment & AI analysis in Lexace.