- According to the Supreme Court, Article 139A of the Indian Constitution does not permit transfers based on the likelihood of divergent opinions.
- The Union of India and other parties asked that several writ petitions that were pending before various High Courts and challenging the constitutional validity of the Payment of Bonus (Amendment) Act, 2015 be transferred to the Supreme Court.
- The petitions were dismissed by the bench consisting of Justice Dinesh Maheshwari. More than 140 writ petitions have been filed in this matter in as many as 18 High Courts nationwide, it was claimed before the Apex Court bench.
- It was argued that given the volume of petitions containing related matters that were filed in several High Courts, there was a good chance that different High Courts would express opposing opinions, which could result in an unfavourable situation.
- On the other hand, the respondents argued that if such a contention regarding the potential for conflicting rulings by various High Courts is accepted, it would essentially imply that every dispute regarding the legality of a central statute would have to be resolved by the Supreme Court, which is contrary to the purpose and design of the constitutional system.
- It was argued that the mere potential of conflicting viewpoints or interpretations could not justify transferring all of the proceedings to this Court.
- The bench noted that the decision to transfer or not, to the Supreme Court or to one High Court, had been made by this Court in exercise of its jurisdiction under Article 139A of the Indian Constitution with reference to the given set of facts and circumstances.
- The bench also took note of other precedents that had been cited before it in addition to these opposing arguments.
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