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    Writ Petition On Article 32 of Constitution of India

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    pragati
    The document is a writ petition filed in the Supreme Court of India by XYZ against the Delhi Government and Labour Court. [1] XYZ is the secretary of a homeopathic research institute registered under the Indian Societies Act. [2] The Delhi Government issued an order referring a dispute between the institute and its employees to the Labour Court. [3] XYZ argues that the institute is not an "industry" under the relevant law as it is solely engaged in research and not economic activity, so the Labour Court does not have jurisdiction over the dispute.

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    Writ Petition On Article 32 of Constitution of India

    Uploaded by

    pragati
    5K views6 pages
    The document is a writ petition filed in the Supreme Court of India by XYZ against the Delhi Government and Labour Court. [1] XYZ is the secretary of a homeopathic research institute registered under the Indian Societies Act. [2] The Delhi Government issued an order referring a dispute between the institute and its employees to the Labour Court. [3] XYZ argues that the institute is not an "industry" under the relevant law as it is solely engaged in research and not economic activity, so the Labour Court does not have jurisdiction over the dispute.

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    WRIT PETITION ON ARTICLE 32 OF CONSTITUTION OF INDIA

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    The document is a writ petition filed in the Supreme Court of India by XYZ against the Delhi Government and Labour Court. [1] XYZ is the secretary of a homeopathic research institute registered under the Indian Societies Act. [2] The Delhi Government issued an order referring a dispute between the institute and its employees to the Labour Court. [3] XYZ argues that the institute is not an "industry" under the relevant law as it is solely engaged in research and not economic activity, so the Labour Court does not have jurisdiction over the dispute.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5K views6 pages

    Writ Petition On Article 32 of Constitution of India

    Uploaded by

    pragati
    The document is a writ petition filed in the Supreme Court of India by XYZ against the Delhi Government and Labour Court. [1] XYZ is the secretary of a homeopathic research institute registered under the Indian Societies Act. [2] The Delhi Government issued an order referring a dispute between the institute and its employees to the Labour Court. [3] XYZ argues that the institute is not an "industry" under the relevant law as it is solely engaged in research and not economic activity, so the Labour Court does not have jurisdiction over the dispute.

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    © All Rights Reserved
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    of 6

    IN THE SUPREME COURT OF INDIA AT DELHI

    (CONSTITUTIONAL WRIT JURISDICTION)

    CIVIL WRIT PETITION No. … of 2020

    IN THE MATTER OF:

    SH. XYZ …..… PETITIONER

    VERSUS

    1. Delhi Government
    2. Labour Court ………. RESPONDENT

    INDEX

    SL.No. PARTICULAR COURT FEE PAGES

    1.
    MEMO OF PARTIES

    2. WRIT PETITION IN THE MATTER


    OF ARTICLE 32 OF THE CONSTITUTION
    OF INDIA FOR ISSUANCE OF
    WRIT OF PROHIBITION OR OTHER APPROPRIATE
    WRIT ALONGWITH SUPPORTING AFFIDAVIT

    3.
    LIST OF DOCUMENTS

    ALONGWITH DOCUMENTS

    4.
    VAKALATNAMA

    Petitioners

    Place: Through

    Date: Sd/- ( Advocate)


    IN THE SUPREME COURT OF INDIA AT DELHI

    (CONSTITUTIONAL WRIT JURISDICTION)

    CIVIL WRIT PETITION No. … of 2020

    IN THE MATTER OF:

    SH. XYZ …. PETITIONER

    VERSUS

    1. Delhi Government
    2. Labour Court …RESPONDENT

    MEMO OF PARTIES

    In Re:

    XYZ, s/o ABC, r/o New Delhi….. …..…… Petitioner

    Versus

    3. Delhi Government
    4. Labour Court …………Respondents

    Petitioners

    Place: Through

    Date: Sd/- ( Advocate)


    IN THE SUPREME COURT OF INDIA AT DELHI

    (CONSTITUTIONAL WRIT JURISDICTION)

    CIVIL WRIT PETITION No. … of 2020

    In Re:

    XYZ, s/o ABC, r/o New Delhi….. …..…… Petitioner

    Versus

    5. Delhi Government
    6. Labour Court …………Respondents

    WRIT PETITION IN THE MATTER OF ARTICLE 32 OF THE CONSTITUTION


    OF INDIA FOR ISSUANCE OF WRIT OF PROHIBITION OR OTHER
    APPROPRIATE WRIT

    To
    The Hon’ble Chief Justice of India and the
    Puisne Judges of the aforesaid Hon’ble Supreme Court
    The humble petition of the above-named petitioner most respectfully SHOWETH:
    1. That the petitioner is the secretary of the Homeopathic Research Institute, which
    is a registered body under the Indian Societies Act, and which is engaged in
    carrying on and promoting research in Homeopathy.
    2. That on 15th February 2019, an order, purporting to have been passed by the
    Government of Delhi, Respondent No.1 , under Section 10 of the Industrial
    Disputes act, 1947, was served upon the petitioner, communicating to him that a
    dispute between the Homeopathic Research Institute and its employees has been
    referred to the Labour Court, Delhi. A true copy of the said order is annexed
    hereto marked annexure ‘A’.
    3. That the Homeopathic Research Institute being solely engaged in research and
    advancement of knowledge is not carrying on any economic activity in a business-
    like manner and, it is not an industry as defined under the Industrial Disputes Act,
    1947 Section 2(j).
    4. That the above order of the government of Delhi is ultra vires the Industrial
    Disputes Act, 1947.
    5. That the Labour Court has no jurisdiction over the said dispute.
    6. That the petitioner will be greatly inconvenienced if he is required to submit
    himself to the above reference.
    7. That this Hon’ble Court has jurisdiction to try and dispose of the matter under
    Article 32 of the Constitution of India.
    8. That no other petition for the same relief is pending in this Hon’ble Court or in
    any High Court.
    9. That no other alternative or efficacious remedy is available to the petitioner.

    PRAYER
    It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be
    pleased to:
    (a) Issue a writ order, direction in the nature of prohibition directing the Labour
    Court, Respondent No. 2, not to exercise jurisdiction over the dispute in
    pursuance of the order, annexure ’A’.
    (b) Allow the costs of this petition.
    (c) Pass such order or other order(s) as this Court may deem fit and proper for the
    ends of the justice.

    Place: Complainant

    Date: Through

    Sd/-(Advocate)
    IN THE SUPREME COURT OF INDIA AT NEW DELHI

    (CONSTITUTIONAL WRIT JURISDICTION)

    CIVIL WRIT PETITION No. … of 2020

    In Re:

    XYZ, s/o ABC, r/o New Delhi….. …..…… Petitioner

    Versus

    1. Delhi Government
    2. Labour Court …………Respondents

    AFFIDAVIT

    AFFIDAVIT OF Shri. AXYZ, S/O ABC, R/O MAYUR VIHAR, DELHI

    The Deponent does hereby solemnly affirm and declare as under:


    1. That the accompanying Petition filed under Article 32 of the Constitution of India has
    been drafted by my counsel as per my instructions and all are true to my own
    knowledge and belief and are correct.
    2. That the annexures to the writ petition are true and correct copies of their respective
    original(s).

    Deponent

    VERIFICATION

    Verified at Delhi on 15th March, 2020, that the contents of above affidavit are true to
    my own knowledge and nothing material has been concealed therefrom.
    Deponent

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