Supreme Court of India

Their Workmen through the Joint Secretary (welfare), Food Corporation of India Executive Staff Union. v. Employer in Relation to the Management of the Food Corporation of India & Anr.

Neutral citation
Reported as [2023] 10 S.C.R. 117
Bench Krishna Murari and Sanjay Kumar JJ.
Decided 3 July 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that the learned Judge of the Jharkhand High Court was perfectly jus tified in dismissing the writ petition on the grounds that he did, thereby upholding the Award.

Judgment, page 8

From the headnote

Approbate and Reprobate – Held: party to a procee ding cannot be permitted to challenge the same but thereafter abide by it out of its own free will; garner benefit from it; g et the opposite party to effectively alter its position and then pr ess its challenge after the passage of a considerable length of time – I n the present case, the management of FCI filed writ petition challenging the Award passed by the Industrial Tribunal but, depsite havi ng secured conditional interim relief therein, it still chose to implement the impugned Award though it was under no compulsion to do so –

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