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Abhay Kulshrestha (Industrial and Labour Law Consultant)     12 September 2013

Writ against single order

Sri/Madam(s),

Kindly suggest with appropriate case law if available, that how many writ petitions can be presented by single party against single order of a tribunal.

In cases before the tribunal, there were ten workers, who constituted ten cases to get similar relief against an industry. Tribunal passed an order (single order for ten cases) for all the cases in a representative case, which was applicable for all ten cases.

Now the question is that, aggrieved industry should file single writ petition against single order of tribunal OR they should file ten different writ petitions for same prayer to quash the order of tribunal?



Learning

 2 Replies

VIRAJ KADAM (Advocate Supreme Court of India)     17 September 2013

Dear Friend

Since it is a common Order you can file only one Writ Appeal. And if that appeal is dismiss, then rest cannot file separate appeal, and if they file the same would be dismiss on the ground of your first dismissal. In other words you get to file only one Writ Appeal and contest it to your advantage. 

Regards

VIRAJ KADAM

Advocate

Abhay Kulshrestha (Industrial and Labour Law Consultant)     18 September 2013

Dear Viraj,

Thanks for your response. Above said industry did not prefer an appeal against the order. Instead of it they are going to file ten different Writ Petitions against single order before the Honourable High Court.

I am looking for a suitable case law, in this regard.

Regards

Abhay Kulshrestha

Advocate


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