| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Constitution of India – Art.226 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Constitution of India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Constitution of India – Art.226 – Writ petition under, involving questions of facts – Maintainability of – In Chennai Port Trust, in order to carry out loading, unloading etc. of coal and iron ore, numbers of workers were involved – Writ petition filed by these workers for regularization of their services – During pendency of the writ petition, these workers formed an association – Matter referred to arbitration– Arbitral tribunal inter alia, directed the parties to enter into a Memorandum of Understanding (MOU) for settlement of disputes – Accordingly, Chennai Port Trust and the Association entered into an MOU– Writ petition filed by some public spirited persons inter alia for shifting of activity of Chennai Port Trust to some other Port so that environmental pollution prevailing in the locality is considerably reduced, allowed – Accordingly, activities from Chennai Port Trust shifted to Ennore Port – In the meantime, 90 persons again claiming to be workers working on Chennai Port Trust filed writ petition seeking regularization of their services, which was dismissed by Single Judge – Division Bench partly allowed the appeal and gave certain directions to Chennai Port Trust and Ennore Port Trust (appellants) – On appeal, held: Having regard to the nature of controversy raised by respondents and keeping in view Clause 31 of MOU, which provided for referring the case to Arbitral Tribunal in the event of any dispute, the writ petition filed by respondents should not have been tried on merits by Single Judge and instead the parties should have been left to take recourse to the remedy provided in Clause 31 – Even otherwise, the disputes raised in the present case are not the disputes which are capable of being tried in writ jurisdiction and can be tried only by a Tribunal – Parties are relegated to take recourse to the arbitration proceeding for adjudicating the disputes – Societies Registration Act, 1860. |
| Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
| Neutral Citation | 2018 INSC 149 |
| Petitioner | Chairman Cum Managing Director, Ennore Port Trust (presently Known As Kamarajar Port Limited) |
| Respondent | V. Manoharan And Ors. |
| SCR | [2018] 2 S.C.R. 644 |
| Judgement Date | 2018-02-15 |
| Case Number | 2114-2115 |
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