Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights

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The Apex Court upheld its decision stating that the employees would not be granted a writ under Article 32 of the Constitution of India against their employees for claiming enforcement of any personal contractual rights. This verdict was delivered by a bench comprising of Justice Abhay Manohar Sapre and Justice Subhash Reddy.

The Apex Court upheld its decision stating that the employees would not be granted a writ under Article 32 of the Constitution of India against their employees for claiming enforcement of any personal contractual rights. This verdict was delivered by a bench comprising of Justice Abhay Manohar Sapre and Justice Subhash Reddy.

Case

This petition was filed by Mr.Ramesh Sanka who was the CEO of one of the respondent companies. Mr.Sanka pointed out that there were certain financial irregularities in its dealing and thus demanded for a CBI probe of the allegations, contending that such irregularities had caused heavy loss to public exchequer.

On the other hand, the company had submitted that Mr. Sanka approached the Court with an intention of settling scores with it and also pointed out that a couple of civil suits were still pending between the parties.

Verdict of the Court

The Court after considering the arguments from both sides gave an opinion that the petition could not be filed under Article 32 of the Indian Constitution and that if the petitioner had any personal grievance regarding his contractual personal rights flowing from any service conditions or any other agreement, he was entitled to legal remedies but only through filing civil suits or by resorting to any other civil law remedy.

The Court thus dismissed the petition and clarified its stand stating that it had not expressed any opinions on the various factual issues alleged and denied by the parties involved in the petition. The Court completely left it to the discretion of the petitioners whether to raise or not to raise grievances against the Company before an appropriate judicial forum including tribunals or any other authority to claim remedy in accordance with the Civil Law provisions.

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