VidhiSangh

Supreme Court of India · 13/09/2021

UTTAR PRADESH JAL VIDYUT NIGAM LIMITED & ORS. versus BALBIR SINGH

[2021] 9 S.C.R. 92 · 2021 INSC 473

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Summary

The Court restored an employer’s writ petition challenging a Dehradun Labour Court award. After State reorganisation, failure to transfer the pending Allahabad proceedings did not preserve Allahabad’s jurisdiction or bar withdrawal with liberty to approach Uttarakhand. That judicial permission did not usurp the Chief Justice’s administrative transfer power. Prompt original filing and prompt refiling also defeated laches. Uttarakhand’s High Court was directed to decide the restored petition, preferably within six months of receiving the order; the award’s merits remained undecided.

Issues

  1. Whether failure to administratively transfer the pending writ petition barred withdrawal and refiling before the High Court having jurisdiction after State reorganisation.
  2. Whether laches and criticism of the coordinate High Court’s unchallenged judicial order justified dismissal without examining the award.

Provisions considered

Held

Result

Appeal allowed without costs; writ petition restored before the Uttarakhand High Court for decision, preferably within six months of receipt of the order.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 92.