IN THE SUPREME COURT OF INDIA AT DELHI

(CONSTITUTIONAL WRIT JURISDICTION)

CIVIL WRIT PETITION No. … of 2020

IN THE MATTER OF:

SH. XYZ …..… PETITIONER

VERSUS

1. Delhi Government
2. Labour Court ………. RESPONDENT

INDEX

SL.No. PARTICULAR COURT FEE PAGES

1.
MEMO OF PARTIES

2. WRIT PETITION IN THE MATTER

OF ARTICLE 32 OF THE CONSTITUTION
OF INDIA FOR ISSUANCE OF
WRIT OF PROHIBITION OR OTHER APPROPRIATE
WRIT ALONGWITH SUPPORTING AFFIDAVIT

3.
LIST OF DOCUMENTS

ALONGWITH DOCUMENTS

4.
VAKALATNAMA

Petitioners

Place: Through

Date: Sd/- ( Advocate)

 IN THE SUPREME COURT OF INDIA AT DELHI

(CONSTITUTIONAL WRIT JURISDICTION)

CIVIL WRIT PETITION No. … of 2020

IN THE MATTER OF:

SH. XYZ …. PETITIONER

VERSUS

1. Delhi Government
2. Labour Court …RESPONDENT

MEMO OF PARTIES

In Re:

XYZ, s/o ABC, r/o New Delhi….. …..…… Petitioner

Versus

3. Delhi Government
4. Labour Court …………Respondents

Petitioners

Place: Through

Date: Sd/- ( Advocate)

 IN THE SUPREME COURT OF INDIA AT DELHI

(CONSTITUTIONAL WRIT JURISDICTION)

CIVIL WRIT PETITION No. … of 2020

In Re:

XYZ, s/o ABC, r/o New Delhi….. …..…… Petitioner

Versus

5. Delhi Government
6. Labour Court …………Respondents

WRIT PETITION IN THE MATTER OF ARTICLE 32 OF THE CONSTITUTION

OF INDIA FOR ISSUANCE OF WRIT OF PROHIBITION OR OTHER
APPROPRIATE WRIT

To
The Hon’ble Chief Justice of India and the
Puisne Judges of the aforesaid Hon’ble Supreme Court
The humble petition of the above-named petitioner most respectfully SHOWETH:
1. That the petitioner is the secretary of the Homeopathic Research Institute, which
is a registered body under the Indian Societies Act, and which is engaged in
carrying on and promoting research in Homeopathy.
2. That on 15th February 2019, an order, purporting to have been passed by the
Government of Delhi, Respondent No.1 , under Section 10 of the Industrial
Disputes act, 1947, was served upon the petitioner, communicating to him that a
dispute between the Homeopathic Research Institute and its employees has been
referred to the Labour Court, Delhi. A true copy of the said order is annexed
hereto marked annexure ‘A’.
3. That the Homeopathic Research Institute being solely engaged in research and
advancement of knowledge is not carrying on any economic activity in a business-
like manner and, it is not an industry as defined under the Industrial Disputes Act,
1947 Section 2(j).
4. That the above order of the government of Delhi is ultra vires the Industrial
Disputes Act, 1947.
5. That the Labour Court has no jurisdiction over the said dispute.
 6. That the petitioner will be greatly inconvenienced if he is required to submit
himself to the above reference.
7. That this Hon’ble Court has jurisdiction to try and dispose of the matter under
Article 32 of the Constitution of India.
8. That no other petition for the same relief is pending in this Hon’ble Court or in
any High Court.
9. That no other alternative or efficacious remedy is available to the petitioner.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be
pleased to:
(a) Issue a writ order, direction in the nature of prohibition directing the Labour
Court, Respondent No. 2, not to exercise jurisdiction over the dispute in
pursuance of the order, annexure ’A’.
(b) Allow the costs of this petition.
(c) Pass such order or other order(s) as this Court may deem fit and proper for the
ends of the justice.

Place: Complainant

Date: Through

Sd/-(Advocate)
IN THE SUPREME COURT OF INDIA AT NEW DELHI

(CONSTITUTIONAL WRIT JURISDICTION)

CIVIL WRIT PETITION No. … of 2020

In Re:

XYZ, s/o ABC, r/o New Delhi….. …..…… Petitioner

Versus

1. Delhi Government
2. Labour Court …………Respondents

AFFIDAVIT

AFFIDAVIT OF Shri. AXYZ, S/O ABC, R/O MAYUR VIHAR, DELHI

The Deponent does hereby solemnly affirm and declare as under:

1. That the accompanying Petition filed under Article 32 of the Constitution of India has
been drafted by my counsel as per my instructions and all are true to my own
knowledge and belief and are correct.
2. That the annexures to the writ petition are true and correct copies of their respective
original(s).

Deponent

VERIFICATION

Verified at Delhi on 15th March, 2020, that the contents of above affidavit are true to
my own knowledge and nothing material has been concealed therefrom.
Deponent