In Brief
The Supreme Court allowed an appeal by Uttar Pradesh Jal Vidyut Nigam challenging an order by the High Court of Uttarakhand that dismissed a writ petition against a Labour Court award. The issue arose following the creation of Uttarakhand State in 2000, which transferred jurisdiction from the High Court of Allahabad to the High Court of Uttarakhand. When the writ petition pending before Allahabad remained untransferred, the Allahabad High Court permitted withdrawal with liberty to refile before Uttarakhand's High Court. However, the Uttarakhand High Court dismissed the petition, criticizing the Allahabad order as contrary to statutory transfer provisions. The Supreme Court held that a Single Judge cannot criticize a Coordinate Bench's judicial order without appellate authority, and that permitting withdrawal and refiling was a valid exercise of judicial discretion, distinct from administrative transfer powers.
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