Union Of India vs Employees Provident Fund Tribunal Bar ... on 10 November, 2017
Experience has shown that the judgments right from L. Chandra
Kumar (supra) to Madras Bar Association, 2010 (supra) have
not been complied with by the Union in letter and spirit. Citizens
of this country cannot be denied justice which is the first promise
made in the Preamble. Therefore, I am of the view that in
whichever State/Union Territory the bench of a particular tribunal
is not established or functioning, the litigants of that State will
have a right to invoke the extraordinary writ jurisdiction of the
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jurisdictional High Court under Article 226 of the Constitution for
redressal of their grievances. They cannot be expected to go to far
off distant places and spend huge amounts of money, much
beyond their means to ventilate their grievances. The alternative
remedy of approaching a tribunal is an illusory remedy and not an
efficacious alternative remedy. The self-imposed bar or restraint
of an alternative efficacious remedy would not apply. Such litigants
are entitled to file petitions under Article 226 of the Constitution
of India before the jurisdictional High Court.