quesCan the petition be filed directly in supreme court

Can a person file a writ petition directly top the supreme court to challenge the issuance as well as signing of a bond (forced by the employer university on his employees who were in cease work for 14 days to protest illegal practices of the employer university) which contains terms like self-incrimination (admission of being a part of illegal strike which was declared by the employer university in the bond unilaterally without any court order) as well as terms containing of giving forced labour, acceptance of minimum wages by group D employees from the date decided by the University and MOST IMPORTANTLY the signing was a condition precedent for the resumption of the work after cease work and who have not signed they were terminated from service on the ground of non signing the same. The case arose in February 2012 and Tripura High Court disposed of the writ petition and asked the petitioner to exhaust alternative remedy and still the same is pending before alternative forum. Advise.

  • ansExistence of alternate remedy is no bar to entertain a petition under article 32 of the Constitution.Supreme court has extra ordinary original writ jurisdiction under article 32 of the Constitution.So the answer to your first question is in yes.T wo points to be noted here .Firstly, a person can approach the Supreme Court by 'appropriate proceedings' under this article only if he/she claims that one of the rights guaranteed under Part III of the Constitution has been infringed/threatened .Secondly ,the remedy is available against the 'State' as defined in article 12 of the Constitution.The rights are not available against private organisations .However it is relevant to poi t out that over the years court has held that the remedy under article 32 is available not only when the e rights are directly infringed by the state,but where due to absence of law or inaction of the State ,rights of persons/citizens are violated ,and the Supreme Court can be approached for directions to the State to take action to ensure that the rights are not being violated by private persons.The right to move the court has been guaranteed for enforcement of fundamental rights and the Court can issue writs in the nature of habeous corpus,prohibition,certiorari,mandamus and quo waranto.The court has held that even if the petitioner has not formulated the reliefs in most desirable manner,that would be no ground to deny him the relief.Thats all.

    Advocate Kapil Hooda

      Supreme Court, Delhi

  • ansYou cannot file another case if the matter is pending before a forum. Under the circumstances it is advisable if you file an application before the Tripura High Court, in the disposed off Writ petition praying for expeditious disposal of your case by the alternative forum

    Advocate Salim Ambar Inamdar

      Connaught Place, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Supreme Court Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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