Forum choosing by litigants cannot be encouraged: HC Madurai

A view of the Madurai Bench of the Madras High Court.The Madurai Bench of the Madras High Court, while hearing a petition filed by eight workmen seeking a direction to be promoted as Junior Engineers, on Tuesday directed them to approach the Industrial Labour Court to resolve their issue.

Justice S.M. Subramaniam observed that forum choosing by litigants could never be encouraged. When a definite forum was contemplated under the statute, they were bound to approach the same and thereafter approach the High Court.

If such litigants, who were claiming to be aggrieved, were permitted to approach the High Court directly without exhausting the statutory remedies, then the High Court would not only be over burdened but would also not be in a position to render justice as warranted under Constitutional principles.

While dealing with all such cases, the High Court should ensure that the aggrieved persons approached the appropriate forum at the first instance, the court said and dismissed the petition filed by the workmen as it was devoid of merit.

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