Constitution of India: Art. 139A – Transfer of certain matters – Matters pertaining to challenge to the Payment of Bonus (Amendment) Act, 2015 in different High Courts – Transfer of the matters sought in this Court or to one High Court – Held: As regards, the decision to transfer to this Court or to one High Court no hard and fast rule or any structured formula is provided nor appears desirable – Comprehensive view of all the facts and relevant surrounding factors is the best to exercise jurisdiction u/Art. 139A – In the scheme of the Act of 1965 and in relation to the questioned amendments, variance in some of the questions and some of the factual aspects is likely to occur because of the innate role of the appropriate Government-Central Government or State Government – Likelihood of divergence of views, looking to the framework of the statute itself, cannot be a ground for transfer – Equally, there appears no reason to transfer the matters to any one High Court; rather it appears just and proper that the petitions in the jurisdictional High Courts are decided with reference to their own factual background and the law applicable – Thus, prayer to transfer the pending writ petitions from the respective High Courts not called for, and is rejected and all the interim stay orders are vacated – Payment of Bonus Act, 1965 – Payment of Bonus (Amendment) Act, 2015.
Union of India v. M/s Cummins Technologies India Pvt. Ltd. & Ors. Etc. Transfer Petition (Civil) Nos. 14811482 of 2021; Institute of Chartered Accountants of India v. Southern Petrochemical Industries Corporation Limited and Anr. (2007) 15 SCC 649; Lunawat
Construction Company v. Union of India & Anr. (2019)
5 SCC 467 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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