Filing a direct writ at supreme court under article 32

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This topic contains 2 replies, has 2 voices, and was last updated by  Venkatachala Moorthi 4 months, 3 weeks ago.

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  • #3857

    Sir I am working in a company XXXX which is a public sector company as a supervisor.
    There are three cadres of employees namely EXECUTIVE, SUPERVISORS & WORKMEN.
    Qualification for each cadre was DEGREE, DIPLOMA and ITI respectively.
    There was a wage revision in 1997 for all cadres, for workmen it will be a bipartite negotiations with trade Union and management, for executive and supervisors it is based on the DPE guideline, so the company XXXX has the responsibility to do the wage revision for this two cadres in equal or same method only. until 1997 wage revision a relativity is maintained between the scales of all three cadres.
    In 1997 wage revision which is effective from 1.1.1997 the management of XXXX company made a replacement for the executive cadre pay scale to make it at par with another public sector company YYYY with effect from the date of 1.1.2000.
    But for supervisors cadre the pay scale was not changed in accordance with the executive pay scale replacement. And also the scales of supervisors cadre of XXXX is not equal with the same cadre of company YYYY.
    Before 1992 these two cadres of XXXX were paid higher than the same cadre of YYYY. in 1992 it was reduced less than YYYY.
    in further wage revision happened in 1.1.2007 the gap was widened for supervisors.
    Now the workmen cadre of XXXX are getting higher scale than workmen of YYYY, and executive cadre of XXXX getting equal pay scale with executive cadre of YYYY.
    BUT the supervisors cadre of XXXX are getting very less than the same cadre of YYYY.
    AND finally the pay scale of workmen cadre of XXXX is raised by 36 TIMES from 1973 and executive cadre scale was raised by 34 times from 1973.
    BUT THE SUPERVISORS CADRE SCALE WAS RAISED BY 23 TIMES ONLY FROM 1973.
    now my question is can our (supervisors) union move to supreme court directly under article 32 violation of fundamental rights.
    Because already there cases in various high courts registered as a service matters.
    Now already two decades are passed and 2017 wage revision also going to take place now.
    Pls kindly guide us how to file a writ for this case at supreme court.
    Thank you Sir,
    Regards
    ZZZZZ

  • #3863

    As I have previously explained in a reply to a question (Can a case be filed directly in the Supreme Court?), the Supreme Court very rarely entertains a direction petition under Article 32 of the Constitution. Nowadays, the Supreme Court generally insists that the person concerned should first approach the high court, even if his fundamental right has been violated. So, nowadays, it is in very rare cases (such as in some PILs, for example, in issues of great public importance) that the Supreme Court will directly entertain a writ petition under Article 32.

    Therefore, it is advisable to approach the high court for what you have mentioned.

    But, in your question, you have mentioned that this matter is already pending in various high courts. So, this perhaps can be a reason to directly approach the Supreme Court, not under Article 32 of the Constitution, but under Article 139-A of the Constitution, which is reproduced as under:

    139-A. Transfer of certain cases.— (1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:

    Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.

    (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.”

    So, you may perhaps take the ground that since various high courts are hearing the same matter, there is a likelihood of them giving differing verdicts, therefore, it may be expedient in the interests of justice that such substantial question of law may be decided authoritatively by the Supreme Court by withdrawing / transferring all these high court cases to the Supreme Court itself. There is no guarantee that the Supreme Court will agree to your petition under Article 139-A of the Constitution in this regard, but this is an option available to you to try.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • #3865

    Thank you for your valuable time and earliest reply sir, the cases in various high courts are different in nature of grounds, so it will be better for us to file a fresh writ high court, thank you sir.

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