1986 (8) TMI 57 - SUPREME COURT

Whether the dismissal in limine of a special leave petition filed before this court by a party challenging the award of Labour Court would preclude the said party from subsequently approaching the High Court under article 226 of the Constitution seeking to set aside the said award?

Held that:- The grant of leave under article 226 of the Constitution is undoubtedly in the discretion of the High Court but the exercise of that discretionary jurisdiction is to be guided by established legal principles. It will not be a sound exercise of that discretion to refuse to consider writ petition on its merits solely on the ground that a special leave petition filed by the petitioner in the Supreme Court had been dismissed by non-speaking order.

Allow this appeal, set aside the order of the High Court and remand the writ petition to the High Court for disposal on the merits. Having regard to the fact that the case concerns the service benefits claimed by the third respondent, the High Court is requested to dispose of the writ petition as early as possible