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R.C. Singh Vs. Union of India to Others

R.C. Singh vs Union of India to Others

Type Court Judgment Court Allahabad Decided Jun 09, 2000
~2 min read
https://sooperkanoon.com/case/481062

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
C.M.W.P. No. 26973 of 2000
Subject
Constitution;Labour and Industrial

Case Summary

AI-generated summary - not the official court judgment text.

Constitution - mode of redressal of grievance - Article 226 of Constitution of India - public interest litigation by an advocate - for restraining employees of N.T.P.C. from going on hunger strike - the Court takes judicial notice that members of bar frequently uses this mode - held, practicing advocates cannot chal...

Key legal issue
Constitution;Labour and Industrial

Parties & Advocates

Appellant / Petitioner

R.C. Singh

Advocate Petitioner In Person

Respondent

Union of India to Others

Advocate S.N. Srivastava, S.C. and ;K.M. Mishra, Adv.

Legal References

Reported In
2000(3)AWC2383; (2000)3UPLBEC2078

Excerpt

constitution - mode of redressal of grievance - article 226 of constitution of india - public interest litigation by an advocate - for restraining employees of n.t.p.c. from going on hunger strike - the court takes judicial notice that members of bar frequently uses this mode - held, practicing advocates cannot challenge the strike. - - it is a democratic country and it is a well-known mode of redressal of grievances.a. k. yog, j.1. the contention of the learned counsel for the petitioner is that this is a public interest litigation for seeking direction restraining the n.t.p.c. and its employees from going on hunger strike and from taking mass casual leave. it is a democratic country and it is a well-known mode of redressal of grievances. this court takes judicial notice of the fact that the members of the bar who frequently resorted to the strike and create similar situation, have no legal justification for restraining the respondents from, doing the same. curiously, petitioner one is a practicing advocate. how can he champion their cause--neither legally nor morally, he is a fit person.2. the learned counsel for the petitioner has. however, placed reliance on the case of chairman,railway board and others v. chandrama das and others, 2000 (2) scc 465. i have gone through this case and found that there is no hard and fast principle laid down which may be applied in the instant case. learned counsel for the petitioner also cited certain cases but keeping in mind the facts and circumstances of the present case. i do not want to refer to them being distinguishable on facts.3. in my view, this petition is misconceived and no interference under article 226 of the constitution of india is warranted. the writ petition is dismissed.

Full Judgment

A. K. Yog, J.

1. The contention of the learned counsel for the petitioner is that this is a public interest litigation for seeking direction restraining the N.T.P.C. and its employees from going on hunger strike and from taking mass casual leave. It is a democratic country and it is a well-known mode of redressal of grievances. This Court takes judicial notice of the fact that the members of the Bar who frequently resorted to the strike and create similar situation, have no legal justification for restraining the respondents from, doing the same. Curiously, petitioner one is a practicing advocate. How can he champion their cause--neither legally nor morally, he is a fit person.

2. The learned counsel for the petitioner has. however, placed reliance on the case of Chairman,Railway Board and others v. Chandrama Das and others, 2000 (2) SCC 465. I have gone through this case and found that there is no hard and fast principle laid down which may be applied in the instant case. Learned counsel for the petitioner also cited certain cases but keeping in mind the facts and circumstances of the present case. I do not want to refer to them being distinguishable on facts.

3. In my view, this petition is misconceived and no Interference under Article 226 of the Constitution of India is warranted. The writ petition is dismissed.

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