Applicability of Doctrine of approbate and reprobate, explained. In the case on hand, the management of FCI filed a writ petition challenging the Award passed by the Tribunal but having secured conditional interim relief therein, the management chose to implement the impugned Award though it was under no compulsion to do so. As pointed out hereinbefore, the management did not stop short at just reinstating the workmen in service but went further and absorbed them in regular service. In effect, the management of FCI, be it for whatever reason, chose to acquiesce with and accept the Award in its entirety, though it made such compliance subject to the result of the writ petition. A party to a proceeding cannot be permitted to challenge the same but thereafter abide by it out of its own free will; garner benefit from it; get the opposite party to effectively alter its position; and then press its challenge after the passage of a considerable length of time. it is no longer open to the management of FCI to seek to turn back the clock. The learned Judge of the Jharkhand High Court was perfectly justified in dismissing the writ petition
[Workmen v. Food Corpn. of India, (2023) 8 SCC 116]
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