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september 1983

Supreme Court of India · 1983-09-14

D.P. MAHESHWARI vs DELHI ADMN. & ORS.

Citation / case number
SC 1983/66167
Court
Supreme Court of India
Petitioner
D.P. MAHESHWARI
Respondent
DELHI ADMN. & ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that the jurisdiction under Article 226 is supervisory and not appellate, while Article 136 allows for appellate powers to ensure substantial justice. The Court emphasized that tribunals, particularly Industrial Tribunals, should avoid stifling their jurisdiction with preliminary objections and should decide all issues in dispute simultaneously to prevent delays that could jeopardize industrial peace. The appeal was allowed, reinstating the Labour Court's finding that the appellant was a 'workman' under Section 2(s) of the Industrial Disputes Act, and quashing the High Court's order that had dismissed the reference.

D.P. MAHESHWARI vs DELHI ADMN. & ORS. · Niyam