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IN THE HIGH COURT OF ALLAHABAD
ARUN BHANSALI, MANOJ KUMAR GUPTA, VIKAS BUDHWAR
Arvind Singh – Appellant
Versus
U.P. State Road Transport Corporation – Respondent
JUDGMENT :
Manoj Kumar Gupta, J.
1. The present reference to Larger Bench has been made for deciding the following questions :
"(i) Whether a contract of service purely governed by its terms and conditions, can be subjected to examination, even when it is not challenged and willingly accepted by the contractual employee at the time of entry into the service, and writ jurisdiction be invoked when remedy under the contract is by a specific clause for invoking arbitration?
(ii) Whether the judgment rendered by the Division Bench of this Court in Rajesh Bhardwaj and others Vs. Union of India and others reported in (2019 2 ADJ 830) lays down the law correctly or the judgment of the Division Bench of this Court in Prem Chandra Gupta vs. State of U.P. and 4 others (Special Appeal No.104 of 2021, rendered on 14.06.2021) should be followed?"
2. Heard Shri Samir Sharma, learned Senior Advocate assisted by Shri Himanshu Agrawal, Shri Ajay Mishra and Shri Bhawesh Pratap Singh, learned counsel for the petitioner and Shri Kunal Ravi Singh, learned Chief Standing Counsel, Shri Bipin Bihari Pandey, learned Chief Standing Counsel, Shri Rajiv Singh, learned Standing Counsel, Shri Ayush Mishra and Shri
Contracts of service with the State can be examined for unconscionable terms, and judicial review under Article 226 is not barred by arbitration clauses.
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
Section 11 of the Arbitration Act before this Court for appointment of arbitrator. Prima facie we are not convinced with the case put up by the Corporation that the writ-applicant is not entitled to ....
The power of the High Court under Article 226 of the Constitution is plenary in nature, and the court has the discretion to entertain a writ application in spite of an alternative remedy being availa....
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
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