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Supreme Court of India 2019-02-14 allowed

Cement Workers’ Mandal vs Global Cements Ltd (HMP Cements Ltd.) & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A workers' union filed a writ petition in Gujarat High Court seeking directions to recover outstanding wages after an employer closed its cement factory at Porbandar without payment. The Division Bench dismissed the petition for lack of territorial jurisdiction, as the company's registered office was in Calcutta and the debt recovery proceedings were at a tribunal there. The Supreme Court held that Gujarat High Court had jurisdiction because Article 226(2) of the Constitution enables a High Court to entertain writ petitions when any part of the cause of action arises within its territorial limits. Since the factory, labour dispute resolution, and wage payment site were all in Gujarat, the cause of action partly arose there, granting jurisdiction to decide the petition on merits.

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Constitutional Law Jurisdiction Industrial Disputes Writ Jurisdiction Civil Procedure Labour Law

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