Moosajee Sons v. W R MDT Balalle – CA WRIT 767/2010-2010

In the case between Murtaza Abid Moosajee and others (Partners of “Moosajee Sons”) and W R MD T Balalle (President of the Labour Tribunal) and others, the court addressed the maintainability of an application for writs of Certiorari and Prohibition challenging Labour Tribunal orders. It was determined that the challenged orders—refusal to call an additional witness after closure of Petitioners’ case and the final order of the Labour Tribunal—were appealable, and thus, the availability and pendency of statutory appeal to the Provincial High Court constituted an adequate alternative remedy. The judgment reaffirmed the principle that writ jurisdiction is discretionary and will not be exercised when an effective statutory appeal process exists, referencing established precedent and legal provi