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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting a Writ Petition of Mandamus to a High Court Under Article 226 of the Constitution
Title and Parties: Start with a clear title, including your name as the petitioner and the respondent's name (usually the employer). Specify that you seek a writ of mandamus to quash the termination order, reinstate you, and claim back wages.
Jurisdiction: State that the High Court has jurisdiction under Article 226 to hear this petition.
Facts: Provide a concise, chronological account of relevant facts, including the circumstances leading to your termination.
Legal Provisions: Cite Article 226 and any other relevant laws or precedents supporting your petition.
Cause of Action: Clearly state the cause of action, explaining why your termination was unjust and should be reversed.
Prayer: Explicitly state the relief sought: quashing of the termination order, reinstatement, and payment of back wages.
Affidavit: Attach an affidavit verifying the facts mentioned in the petition.
Annexures: Include copies of relevant documents like appointment letters, termination notices, and correspondence.
Grounds: Detail the legal grounds for a writ of mandamus, emphasizing that the termination was arbitrary, unjust, or in violation of employment terms or statutory provisions.
Common Mistakes to Avoid: Avoid vague language, excessive legal jargon, and ensure a well-structured, concise petition. Eliminate typographical errors and inconsistencies.
Service: Serve notice to the respondent (employer) and provide proof of service.
Legal Representation: Consider seeking legal counsel to ensure compliance with procedural and substantive aspects.
Filing and Follow-up: File the petition in the High Court registry and diligently follow up to ensure timely consideration.
A writ of mandamus is used to compel public authorities or employers to perform a legal duty. Precise, clear language is essential in your petition, and consulting with a legal expert can help avoid errors in the process.