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Judgment
Honourable Mr. Justice Vinod K. Sharma
Petitioner union has approached this court with a prayer for issuance of writ in the nature of mandamus, directing the respondents to release the
salary of the employees. It is pleaded case of the petitioner that respondent corporation has not paid the salary to its employees since the year
2007. The right to claim salary is individual right of employee.
The Hon''ble Supreme court in Hari Bansh Lal Vs. Sahodar Prasad Mahto and Others, and in Girjesh Shrivastava and Ors. V. State of M.P.
and Ors, 2011 (1) SCT 382 has laid down that PIL is not maintainable in service matters, except for a writ of Gurpal Singh Vs. State of Punjab
and Others, Hon''ble Supreme Court rendered that:
Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering
where necessary for the sake of justice and refuse to interfere where it is against the social interest and public good. ( State of Maharashtra and
Others Vs. Prabhu, and Andhra Pradesh State Financial Corporation Vs. M/s. GAR Re-Rolling Mills and another, .No litigant has a right to
unlimiteddraught on the Court time and public moneyin order to get his affairs settled in themanner as he wishes. Easy access to justiceshould not
be misused as a licence to filemisconceived and frivolous petitions. Dr. Buddhi Kota Subbarao Vs. K.Parasaran and others,
The petitioner has no Locus standi to maintain the writ petition. In case common question of Law and facts are involved, it is always open to file
a joint writ by the employees with liberty of the court. The registered association being third party cannot maintain writ in service matters.
Consequently, writ petition is dismissed. No costs. Connected miscellaneous petitions are closed.