The Supreme Court has held that no writ will lie under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights..If the writ petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement, his legal remedy lies in filing Civil Suit or taking recourse to any other civil law remedy, a Bench of Justices AM Sapre and R subhash Reddy held..The judgment was delivered in a petition filed by one Ramesh Sanka who was earlier the CEO of one of the respondent companies.Sanka had approached the Supreme Court alleging financial irregularities on the part of the respondent companies and had sought a CBI probe into the allegations. The ground taken by him was that the alleged financial irregularities of the respondent companies had caused huge financial losses to public exchequer..The respondent no.12 had, however, argued that the petition was filed by Sanka, a former employee, to settle personal scores and the differences with respondent 12 for which some civil suits are pending between the parties..The Supreme Court dismissed the case on maintainability stating that no writ lies under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer..If the writ petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement with the respondent No.12 Company, his legal remedy lies in filing Civil Suit or take recourse to any other civil law remedy for adjudication and enforcement of his right. The writ petition under Article 32 of the Constitution is not the remedy for agitating any such grievance, the Court held and dismissed the case..The Court, however, stated that it was not expressing any opinion on the various factual issues alleged and denied by the parties in the petition..Read the judgment below.
The Supreme Court has held that no writ will lie under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights..If the writ petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement, his legal remedy lies in filing Civil Suit or taking recourse to any other civil law remedy, a Bench of Justices AM Sapre and R subhash Reddy held..The judgment was delivered in a petition filed by one Ramesh Sanka who was earlier the CEO of one of the respondent companies.Sanka had approached the Supreme Court alleging financial irregularities on the part of the respondent companies and had sought a CBI probe into the allegations. The ground taken by him was that the alleged financial irregularities of the respondent companies had caused huge financial losses to public exchequer..The respondent no.12 had, however, argued that the petition was filed by Sanka, a former employee, to settle personal scores and the differences with respondent 12 for which some civil suits are pending between the parties..The Supreme Court dismissed the case on maintainability stating that no writ lies under Article 32 of the Constitution at the instance of any employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer..If the writ petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement with the respondent No.12 Company, his legal remedy lies in filing Civil Suit or take recourse to any other civil law remedy for adjudication and enforcement of his right. The writ petition under Article 32 of the Constitution is not the remedy for agitating any such grievance, the Court held and dismissed the case..The Court, however, stated that it was not expressing any opinion on the various factual issues alleged and denied by the parties in the petition..Read the judgment below.