The existence of an arbitration clause does not debar the court from entertaining a writ petition.
05 Jun 2021 05:09 pm
12th May 2021 Supreme Court
Sections 3(1) and (2) of the Building and Other Construction Workers Welfare Cess Rules, 1996 read with rules 3 and 4(1), (2) (3) and (4)of the Building and Other Construction Workers Welfare Cess Rules,1998, and also Section 2(1) (d), (g) and (i) of the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996. Article 226 of the Indian Constitution
Justices: Uday Umesh Lalit and Indira Banerjee
While exercising appellate powers, it was noted by the Hon’ble Court that no doubt the contract between the parties contained an Arbitration Clause, but no arbitration clause was mentioned in any arbitration agreement in the Counter Affidavit filed by UPPTCL to the writ petition in the High Court.
In this view, the Court said that in any case, the existence of an arbitration clause does not extend the court from entertaining a writ petition.
It is well settled that availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate cases. The High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy, particularly (i) where the writ petition seeks enforcement of a fundamental right; (ii) where there is failure of principles of natural justice or (iii) where the impugned orders or proceedings are wholly without jurisdiction or (iv) the vires of an Act is under challenge.”
It was further stated that however, the writ jurisdiction under Article 226, being discretionary, the High Court usually refrain involves adjudication of disputed questions of questions of fact which may require analysis of evidence of witnesses. Monetary relief can also be granted in a writ petition.
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