SC: No writ lies u/ Article 32 where enforcement of personal contractual rights is claimed

The Hon’ble Supreme Court, yesterday i.e. on 25thJanuary, 2019, in the matter of Ramesh Sanka v. Union of India & Ors. pronounced that if an employee has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement with the employer, then no writ under Article 32 of the Constitution shall lie at the instance of any such employee or the employer for claiming enforcement of any personal contractual rights inter se the employee and his employer.

The Hon’ble Supreme Court observed 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. (Para 16)

If an employee has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement with the employer, then his legal remedy lies in filing Civil Suit or take recourse to any other civil law remedy for adjudication and enforcement of his rights qua the employer or anyone claiming through them as the case may be. (Para 17)

Copy of judgement: Judgement_25-Jan-2019

-Tushar Kaushik 

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