Back
IN THE HIGH COURT OF ALLAHABAD
ARUN BHANSALI, MANOJ KUMAR GUPTA, VIKAS BUDHWAR
Arvind Singh – Appellant
Versus
U.P. State Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. questions referred to larger bench regarding employment contracts. (Para 1 , 2 , 3 , 4) |
| 2. examines relevance of prior judgments on contractual employment. (Para 5 , 6 , 7) |
| 3. terms of employment are subject to judicial scrutiny. (Para 8 , 9 , 10) |
| 4. bound by principles of fairness in service contracts. (Para 11 , 12 , 13 , 14) |
| 5. unconscionable contract terms can be struck down. (Para 15 , 16 , 17) |
| 6. judicial review applies even in contractual relations. (Para 18 , 19 , 20) |
| 7. state actions must comply with article 14 obligations. (Para 21 , 22 , 23) |
| 8. no absolute bar on judicial review due to arbitration clauses. (Para 24 , 25 , 26) |
| 9. judicial discretion in matters involving arbitration clauses. (Para 30 , 35) |
| 10. conclusions on legality of terms and arbitration provisions. (Para 36 , 38) |
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 inv
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
