Supreme Court · 2005 INSC 355 · Decided 11 August 2005
Hindustan Steel Works Construction LTD. and ANR. v. Hindustan Steel Works Construction LTD., Employees Union
- Court
- Supreme Court of India
- Citation
- 2005 INSC 355 · [2005] SUPP. 2 S.C.R. 540
- Case number
- CIVIL APPEAL No. 3006/2003
- Decided
- 11 August 2005
- Bench
- ARIJIT PASAYAT, H.K. SEMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226; Industrial Disputes Act Section 9A
Headnote
Constitution of India, 1950-Article 226-Writ Petition-Challenging act of employer as violative of provision under section 9A of Industrial Disputes Act-Maintainability of the Petition questioned-Petition held maintainable by Single Judge as well as Division Bench of High Court­ Applicability considered-On appeal, held: Writ Petition is not maintainable when statutory remedy is available, unless exceptional circumstances are mode out-Courts below overlooked the fact that question of applicability of section 9A is essentially a question of fact-Direction to Government to refer the
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)