Retrospective stay of Bonus amendment by any High Court will apply all over India

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Retrospective stay of Bonus amendment by any High Court will apply all over India

With refrence to my last two blog on Stay Order at Bonus by Kerala & Karnataka High Court - where both High Court has given to stay for bonus for year 2014.

As per Article 226 clause (2) - It will effect through the territory of the nation subjected towards the applicability of the Act.

Its States as

Clause (2) of Article 226 of the Constitution of India reads thus:

"(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories."

Refer - I'm supported by the verdict of Hon' Supreme Court M/s Kusum Ingots Allows Limited Vs. Union of India AIR 2004, 2321.

Whether the seat of the Parliament or the Legislature of a State would be a relevant factor for determining the territorial jurisdiction of a High Court to entertain a writ petition under Article 226 of the Constitution of India is the question involved in this appeal which arises out of a judgment and order dated 25.7.2003 passed by the High Court of Delhi in C.W.P. No. 4609 of 2003 holding that the said Court has no jurisdiction