article 32

Guest (Querist) 29 November 2010 This query is : Resolved
an application for enforcement of fundamental rights was filed before CAT for right to equality among a batch of 70 employees.
It was dismissed in limine as time barred without going into merits which was specifically mentioned in order.
An appeal under 226 was filed before division bench of high court and was dismissed, however the application filed before CAT was rendered not to be barred by limitation but ultimately the appeal was dismissed.
Can I move a fresh petition under article 32as the matter was never adjucated upon by any court with complete pleedings and full contest on merits?

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R.Ramachandran (Expert) 29 November 2010
Since you have an alternate remedy to approach the CAT, your petition under Art. 32 would not be entertained by the SC.
Since you have already availed the remedy to CAT and appeal to High Court, you have to go in SLP to Supreme court under Art. 136 against the order passed by the HC.

aman kumar (Expert) 29 November 2010
AGREE

Guest (Querist) 29 November 2010
please tell if SLP fails then will i have to forego my fundamental rights just due to delay in approaching to court?
Wt about the guarantee under article 32 as a fundamental right?

s.subramanian (Expert) 29 November 2010
yes. if there are laches courts cannot and will not interfere.

Guest (Querist) 30 November 2010
can a writ for enforcement of fundamental rights be thrown away solely on the ground of laches?

Kirti Kar Tripathi (Expert) 30 November 2010
you raised a good question, i request the experts to place their vies.

Advocate. Arunagiri (Expert) 04 December 2010
Please give the details of the case, we can see whether it is violation of fundamental rights.
We have the court of law to protect our rights. But you have to initiate the proceedings as per the rules. When the CAT says a time limit, if there is a delay, you have to file a condone delay petition first. If the condone delay petition is dismissed, you have to challenge that petition before the HC.

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