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SBCWP No.2469/2009
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
ORDER
Vajeng
Vs.
The State of Rajasthan & Ors.
S.B.CIVIL WRIT PETITION NO. 2469/2009
Date of Order :: 08/04/2009
PRESENT
HON'BLE MR. JUSTICE H.R. PANWAR
Mr.Ravindra Singh, for the petitioner.
BY THE COURT:
By the instant writ petition, the workmen petitioner
has challenged the orders by which he has been retrenched from
service in violation of the provisions of Industrial Disputes Act,
1947.
A Five Judge Bench of this Court in Gopi Lal Teli Vs.
The State of Rajasthan and Others 1995 (2) W.L.C. (Raj.) 1
while considering the provisions of Industrial Disputes Act more
particularly Sections 10, 11, 12, 25F, 25FA, 25FB as also Article
226 of the Constitution of India, held that the retrenchment of
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SBCWP No.2469/2009
workman in non-compliance with conditions prescribed u/s. 25-F
involve disputed questions of fact and directly writ petition is not
maintainable. Whether the conditions prescribed under Section
25-F of the Act for retrenchment of a workman have been
fulfilled or not, is pure question of fact and since in order to
arrive at a conclusion or for recording a finding, some
investigation/ enquiry that has to be embarked upon, would be
beyond purview of Article 226 of the Constitution of India and on
these premises this Court held that writ petition is not
maintainable in view of the alternative remedy which is
efficacious in nature provided by Statute i.e. Industrial Disputes
Act, 1947 before the Industrial Tribunal and Labour Court.
In this view of the matter, without availing
alternative remedy available under the Statute, the petitioner
has straightway filed the writ petition under Article 226 of the
Constitution of India and therefore, the writ petition cannot be
entertained on the ground of non-exhausting of alternative
remedy available to the petitioner.
The writ petition is therefore, dismissed on the
ground of availability of alternative remedy. The petitioner may
approach to the State Govt. for making reference raising
industrial dispute. No order as to costs.
NK (H.R. PANWAR), J.