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Showing contexts for: Docket explosion in C.Prabhakaran vs The Chairman on 15 July, 2022Matching Fragments
(38)Also, from another angle this issue can be approached. In paragraph No.6 of the Division Bench Judgment in Sivananda Steels Limited case https://www.mhc.tn.gov.in/judis [cited supra], the Division Bench has held as follows:-
''6.We may add that the dockets of the High Courts in our country are already overfull with arrears and hence the High Courts should ordinarily not avail the luxury of entertaining writ petitions despite the existence of alternative remedy, otherwise, the High Court will only further add to the mounting arrears, resulting in docket explosion. Hence, in matters where there is availability of alternative remedy, the parties should first be relegated to avail that remedy first and the High Courts should be strict on this point and entertain writ petitions despite the existence of an alternative remedy only in very rare and exceptional cases.'' (39)The Division Bench had added that the dockets of the High Courts in our country are already overfull with arrears and hence, the High Courts should ordinarily not avail the luxury of entertaining writ petitions despite existence of the alternative remedy ; otherwise the High Court will only further add to the mounting arrears resulting in docket explosion. (40)Here in the case on hand, the writ petitions have already been admitted, that means, entertained. Therefore, it had become a part of the docket explosion and process of this Court. The dismissal of these writ petitions https://www.mhc.tn.gov.in/judis on the ground of maintainability would not alleviate or reduce the docket explosion in stead of disposing the same on merits. Also, it is to be looked into that after these long years, if the petitioners are relegated to go before the Industrial Tribunal or the Labour Court, after some years, one way or the other if a decision is made by the Labour Court, even against such Award to be passed by the Labour Court, the aggrieved party would come before this Court as no other appeal remedy further available against the Award to be passed by the Industrial Tribunal or the Labour Court. Yet, again the parties would involve in the docket explosion process by filing writ petitions before this Court. Therefore, looking from any angle, after entertaining the writ petition, after several years, the petitioners cannot be shown the door to go before the alternative remedy, i.e., the Industrial Tribunal. Moreover, in the present cases, since there has been no dispute on the factual matrix except the legal position based on the Settlement as well as the orders passed by the Chennai Port Trust, on the basis of the arguments, these two cases are considered to be the cases to be entertained by invoking the extraordinary jurisdiction of this Court under Article 226.