Mohd Rafiq vs The State Of Raj. & Ors on 12 April, 2010

Rajasthan High Court – Jodhpur

        S.B. Civil Writ Petition No.10172/2009.
                       Mohd. Rafiq.
                           vs.
                State of Rajasthan and ors.


Date : 12.4.2010

               HON'BLE MR. PRAKASH TATIA, J.

Mr.RS Saluja, for the petitioner.

– – – – –

Heard.

The petitioner may first avail the remedy
available under the Industrial Disputes Act, 1947
of coercive measures on account of non-compliance
of the award even if the writ petition
no.5228/2004 challenging the award dated 10.9.2002
preferred by the respondents is pending wherein
the stay petition has been rejected. Therefore,
there is no bar against the execution of the
award.

In view of the above, this writ petition is
dismissed with liberty to the petitioner to
approach this Court again if he fails to get the
relief by adopting coercive measures under the Act
of 1947.

(PRAKASH TATIA), J.

S.Phophaliya

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