STATE OF U.P. AND ORS.versusRAM KHELAWAN AND ORS.
- Citation
- 1995 INSC 478
- Decided
- 17 August 1995
- Disposal
- Appeal(s) allowed
Holding
A High Court cannot issue interim orders that prejudge the substantive issue by treating respondents as regular employees when the matter is still pending adjudication.
Summary
The State of Uttar Pradesh filed a special leave appeal against an interim order of the Allahabad High Court that directed the respondents to be paid as regular employees. The High Court had issued the direction while the substantive employment dispute was still pending before it. The Supreme Court examined whether such an interim direction amounted to a prejudgment of the issue, contrary to the principles governing writ jurisdiction under Article 226 of the Constitution. It held that a High Court cannot pass orders that effectively decide the case by treating the respondents as regular employees when the matter is yet to be adjudicated. Consequently, the Supreme Court set aside the High Court's interim order and allowed the appeal. The Court also directed the High Court to dispose of the pending matter expeditiously, preferably within six months, giving priority to the writ petition.
Issues considered
- Whether a High Court, exercising jurisdiction under Article 226, can issue an interim direction that pre‑judges the substantive rights of parties by treating them as regular employees while the main issue remains pending.
Legislation cited
- Constitution of Indias. Article 226
Subjects
Judgment
'r
A STATE OF U,P. AND ORS.
v.
RAM KHELAWAN AND ORS.
AUGUST 17, 1995
B [K. RAMASWAMY AND B.L. HANSARIA, JJ.)
"';"
Constitution of India :
Article 226-Writ Petition before the High Court-High Court granting
relief by way of interim direction-Held, High Court prejudged the
c issue-Since issue is pending adjudication, High Court not justified in giving
the directions.
The State Government filed the appeal by special leave against the
interim order granted by the High Court.
D
Allowing the appeal and setting aside the order of the High Court, ~~
this Court
HELD : The High Court prejudged the issue by directing to pay as if
the respondents are regular employees. Since the issue is pending adjudica-
E tion, the High Court is not justified in giving such direction. (822-H]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7873 of
1995.
From the Judgment and Order dated 25.2.93 of the Allahabad High
F Court in W.P. No. Nil of 1993.
R.B. Misra for the Appellant.
Ms. Abha R. Sharma for the Respondent.
G The following Order of the Court was delivered :
Leave granted.
~
Heard the counsel on both sides. The High Court pre-judged the
issue by directing to pay as if the respondent is a regular employee. Since
H this issue is pending adjudication, the High Court is not justified in giving
822
STATE v. RAMKHELAWAN 823
such direction. A
Accordingly, the direction is set aside. Since the matter is pending
in the High Court, we request it to dispose of the same as expeditiously as
possible preferably within six months, giving preference to the writ petition. B
The appeal is accordingly allowed.
R.P . Appeal allowed.
.
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