VidhiSangh

Supreme Court of India · 25/02/2025

GARDEN REACH SHIPBUILDERS AND ENGINEERS LIMITED versus GRSE LIMITED WORKMENS UNION & ORS.

[2025] 2 S.C.R. 1813 · 2025 INSC 363

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Summary

The Supreme Court set aside a Calcutta High Court Division Bench judgment that had decided a pending writ petition on compassionate appointment while hearing an intra-court appeal against a mere de-listing order. Because the Division Bench had no roster allocation from the Chief Justice to hear such writ petitions, and consent of parties cannot confer jurisdiction, its order was void; the writ petition was revived for decision by a bench assigned by the Chief Justice.

Issues

  1. Whether a Division Bench hearing an intra-court appeal against an order de-listing a writ petition could, on the consent of parties, itself hear and decide the pending writ petition.
  2. Whether an order passed by a bench in a matter not allocated to it by the Chief Justice of the High Court is without jurisdiction.
  3. Whether an intra-court appeal under clause 15 of the Letters Patent lay against an order merely de-listing a writ petition.

Provisions considered

Held

Result

Appeal allowed; impugned judgment set aside without going into the merits; writ petition revived and remanded, with a request to the Chief Justice of the High Court to assign it to an appropriate bench for disposal preferably within six months. The appellant's statement that no appointment would be made to render the writ petition infructuous was recorded, so no interim order was passed.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1813.