Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Reorganization Act State of Uttarakhand |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Reorganization Act, 2000: s. 35(2) – Transfer of proceedings from Allahabad High Court to Uttarakhand High Court – Creation of the State of Uttarakhand – Writ petition filed by the appellants pending before the High Court of Allahabad challenging the judgment and award passed by the Presiding Officer, Labour Court, Dehradun was required to be transferred to the High Court of Uttarakhand by the Chief Justice of the High Court of Allahabad in exercise of power under Sub-Section (2) of Section 35 – However, the writ petition was not transferred – When the said writ petition came up for hearing before the Allahabad High Court, the High Court permitted the appellants to withdraw the said writ petition with liberty to file the same before the appropriate court- High Court of Uttarakhand and hence, the appellants filed the writ petition before the High Court of Uttarakhand – However, after 5 years of filing of writ petition, the Single Judge of the High Court of Uttarakhand dismissed the said writ petition by observing that the Coordinate Bench of the Allahabad High Court by permitting the appellants to withdraw writ petition pending before it with liberty to file the writ petition before the High Court of Uttarakhand, barged into to override the provisions contained under Sub-Section (2) of Section 35 by adoring himself with the powers of the Chief Justice of Allahabad High Court as contemplated under Sub-Section (2) of Section 35; and that too when award was challenged before the Uttarakhand High Court after 19 years of its pendency – Sustainability of – Held: Not sustainable – Judicial order passed by the High Court of Allahabad permitting the appellants to withdraw the writ petition cannot be said to be contrary to the provisions contained under Sub-Section (2) of Section 35 – Furthermore, there was no delay at all on the part of the appellants in challenging the award passed by the Labour Court, Dehradun –Thus, the order passed by the High Court being unsustainable, is quashed and set aside. Judicial discipline/propriety: Mandate of – Held: Judicial discipline/propriety demands to respect the order passed by the Coordinate Bench and more particularly the judicial order passed by the Coordinate Bench of the High Court. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 473 |
Petitioner | Uttar Pradesh Jal Vidyut Nigam Limited & Ors. |
Respondent | Balbir Singh |
SCR | [2021] 9 S.C.R. 92 |
Judgement Date | 2021-09-13 |
Case Number | 5667 |
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