What is the process to file a Public Interest Litigation(PIL)?


What is the process to file a PIL? Private organizations regularly delay the salaries of employees by 2-3 months and employees with salaries of 8-10 thousand per month are the worst affected as their life depends largely on this salary.

 

The companies should compensate these employees for the delay or be punished by law. How should I file a PIL against such companies?

 

Answer


 

A Public Interest Litigation is the power given to the public by the court. A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. A PIL can be filed in the courts for any matters of public interest ranging from polluted environments to road safety or constructional hazards.

 

PIL can be filed only in a case where “Public Interest” at large is affected. Merely because, only one person is effected by state inaction is not a round  for PIL. PIL can be filed against a State/ Central Govt., Municipal Authorities and not any private party. However, “Private party” can be included in the PIL as “Respondent”, after making concerned state authority, a party. For example- if there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a PIL against the Government of Delhi, Pollution Control Board, and against the private factory. However, a PIL cannot be filed against the Private party alone.

 

There are some of the possible areas where the PIL can be filed. 

 

a) Where, a factory/ industry unit is causing air pollution, and people nearby are getting affected.

 

b) Where, in an area/ street there are no street lights causing inconvenience to commuters.

 

c) Where some “Banquet Hall” plays a loud music, in the night causing noise pollution.

 

d) Where some construction company is cutting down trees causing environmental pollution.

 

e) Where poor people are affected because of state government’s arbitrary decision to impose heavy “Tax”.

 

f) For directing the Police/ Jail authorities to take appropriate decisions in regards to jail reforms, such as segregation of convicts, delay in trial, before the court on remand dates.

 

g) For abolishing child labor and bonded labor.

 

h) Where rights of working women are affected by sexual harassment.

 

i) For keeping a check on corruption and crime involving holders of high political officer.

 

j) For maintaining Roads, Sewer etc in a good condition.

 

k) For removal of Big Hoarding and Signboards from the busy road to avoid traffic problems.

 

In view of the aforesaid, we are of an opinion that you cannot file a PIL against the company for regulating the salary of the worker because a PIL can be filed only in case where the public is affected at large.

 

With respect to your other query, procedure of a PIL is enumerated as under:

 

Procedure to file a Public Interest Litigation:

 

A "Public Interest Litigation", is filed in the same manner, as a writ petition is filed.

 

In the High Court:

 

If a Public Interest Litigation is filed in a High court, then two (2) copies of the petition have to be filed. Also, an advance copy of the petition has to be served for each respondent, i.e. the opposite party and this proof of service has to be affixed on the petition.

 

In the Supreme Court:

 

If a Public Interest Litigation is filed in the Supreme court, then (4) + (1), i.e. 5 sets of petition are to be filed and the opposite party is served the copy only when notice is issued.

 

Court Fees: A Court fee of Rs. 50, per respondent (i.e. for each number of opposite party, court fees of Rs. 50)  has to be affixed on the petition.

 

Procedure:

 

Proceedings in the PUBLIC INTEREST LITIGATION commences and is carried on in the same manner, as other cases.

 

After filing of replies by the opposite party and rejoinder by the petitioner the final hearing takes place and the judge gives his final decision.

 

Kindly contact us for any further details and action.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Documentation Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate Prerna Oberoi
Sector 41, Noida
7 years Experience

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 Documentation 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 contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

15 Minutes Documentation Advice Session by Phone

4.8 | 302 ratings
Legal advice and answers from a local experienced advocate about your Documentation related issue
Sale Deed Drafting & Registration

4.4 | 78 ratings
30 Min Intro call + Start to finish help - Sale Deed Drafting & Registration with the help of a local experienced advocate.
Suit for Declaration

4.9 | 65 ratings
30 Min Intro call + Start to finish help - File a declaratory suit through a local experienced advocate
Name Change CBSE Marksheet/Birth certificate

4.2 | 176 ratings
30 Min Intro call + Start to finish help - Apply for Name Change with the help of a local experienced advocate
Caste Certificate

4.9 | 205 ratings
30 Min Intro call + Start to finish help - Apply for Caste Certificate through a local experienced advocate
Draft a Memorandum of Understanding (MOU)

4.6 | 47 ratings
30 Min Intro call + Start to finish help - MOU drafted by a local experienced advocate
Drafting & Registration of Will

4.6 | 105 ratings
30 Min Intro call + Start to finish help - Will Drafting & Registration with the help of a local experienced advocate.
Draft a Power of Attorney

4.8 | 201 ratings
30 Min Intro call + Start to finish help - POA drafted by a local experienced advocate
Gift Deed Drafting & Registration

4.4 | 87 ratings
30 Min Intro call + Start to finish help - Gift Deed Drafting & Registration with the help of a local experienced advocate.
Similar questions

how change my surname in my documentation .what is legal ways to change name in metric ,domicle etc.?…

Read More

I am Christian married to Muslim after that I changed my name and religion ok my all documents in old name accept passport,I want apply government job…

Read More

I have passed class 10th and 12th . Then How can I change my name in 10th and 12th certificate.…

Read More

Dear sir , I wanted to ask that is there any law published that if a person has a without gear license , he/she cannot apply for the license for car t…

Read More

Talk to a lawyer for your legal issue